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HomeMy WebLinkAbout02/09/2009 Council PacketSUMMARY MINUTES Monday, February 9, 2009 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke ➢ Open Mike / Public Comment John DeHaven, 612 Birch Street, addressed the council regarding his continuing concern about escrow costs associated with the subdivision of his property; Mr. DeHaven's concerns will be reviewed by the council at the March 2 work session ➢ Call to Order and Roll Call 6:30 p.m. — Present were Mayor Bergeson, Council Members Reinert, Gallup, O'Donnell, and Stoltz ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items ➢ Presentation of plaque to Rob Rafferty thanking him for serving on the Planning and Zoning Board Agzi A) Consideration of Expenditures: i) February 9, 2009 (Check No. 84989 through 85044) in the amount of $143,226.21; ii) Centennial Fire District (Check No. 3607 through 3617) in the amount of $16,621.68 Pg 3 -16 B) Consider Appointments to the Economic Development Advisory Pg 17 Committee C) Consider approval of January 12, 2009 Special Work Session Pg 18 -19 (re Comp Plan) Minutes D) Consider application for Exempt Permit from Lawful Gambling License for Lino Lakes Elementary School relative to school carnival raffle on March 21, 2009 Action Taken: Motion by Gallup, seconded by Stoltz, to approve the Consent Agenda, items 1A through 1D, was adopted No Reports Council Agenda -2- SUMMARY MINUTES 2/9/2009 A) Accept resignation of City Administrator Gordon Heitke Action Taken: Motion by Stoltz, seconded by O'Donnell, to accept the resignation, was adopted No Reports ART No Reports A) Consideration of First Reading, Ordinance No. 02 -09, Amending Pg 20 -22 Subdivision Ordinance for Housekeeping and Consistency with City Code: Jeff Smyser Reading and roll call required Action Taken: Motion by O'Donnell, seconded by Reinert, to approve first reading of Ordinance No. 02 -09, was adopted: Yeas, 5; Nays, 0 B) Consider Second Reading of Ordinance No. 01 -09, amending the Pg 23 -25 Zoning Ordinance definition of the term Private Kennel, Paul Bengtson. Reading and roll call required Action Taken: Motion by Reinert, seconded by Stoltz, to approve second reading and adoption of Ordinance No. 01 -09, was adopted: Yeas, 5; Nays, 0 C) 2009 Street Maintenance Projects, James E. Studenski Pg 26 -29 i. Consider Resolution No. 09 -08, Authorizing Preparation of Plans and Specifications, 2009 Overlay Project Action Taken: Motion by Gallup, seconded by Stoltz, to approve Resolution No. 09 -08 as presented, was adopted ii. Consider Resolution No. 09 -09, Authorizing Preparation of Plans and Specifications, 2009 Sealcoat Project Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve Resolution No. 09 -09 as presented, was adopted D) Consider Resolution No. 09 -10, Authorizing Execution of Pg 30 -39 Mn/DNR Community Conservation Assistance Grant, Michael Grochala Action Taken: Motion by Reinert, seconded by Gallup, to approve Resolution No. 09 -10 as presented, was adopted Council Agenda -3- SUMMARY MINUTES 2/9/2009 Ant A) Consider approval of January 5, 2009 Council Work Session Pg 40 -43 Minutes Council Member Stoltz absent A) B) Action Taken: Motion by O'Donnell, seconded by Reinert, to approve the minutes as presented, was adopted; Abstain - Stoltz Consider approval of January 26, 2009 Council Work Session Pg 44 -45 Minutes Council Member Gallup and Stoltz absent Consider approval of January 26, 2009 City Council Meeting Pg 46 -49 Minutes Council Member Gallup and Stoltz absent Action Taken: Motion by Reinert, seconded by O'Donnell, to approve the minutes as presented, was adopted; Absent — Stoltz, Gallup A special work session to discuss strategic planning sessions will be held in the council workroom immediately following adjournment of this meeting. Meeting was cancelled Community Calendar - A Look Ahead February 9, 2009 through February 23, 2009 4 Monday, February 9 4 Wednesday, February 11 4 Monday, February 16 4 Monday, February 23 4 Monday, February 23 cancelled 6:30 pm, Council Chambers President's Day 5:30 pm, Community Room 6:30 pm, Council Chambers Special Work Session - Strategic Planning Sessions Planning & Zoning City Hall Closed Council Work Session Council Meeting REVISED Monday, February 9, 2009 * * * * * * * * * ** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke ➢ Open Mike / Public Comment > Call to Order and Roll Call > Setting the Agenda: Addition or deletion of agenda items A) Consideration of Expenditures: i) February 9, 2009 (Check No. 84989 through 85044) in the amount of $143,226.21; ii) Centennial Fire District (Check No. 3607 through 3617) in the amount of $16,621.68 Pg 3 -16 B) Consider Appointments to the Economic Development Advisory Pg 17 Committee C) Consider approval of January 12, 2009 Special Work Session Pg 18 -19 (re Comp Plan) Minutes D) Consider application for Exempt Permit from Lawful Gambling License for Lino Lakes Elementary School relative to school carnival raffle on March 21, 2009 No Reports A) Accept resignation of City Administrator Gordon Heitke No Reports No Reports Council Agenda -2- 2/9/2009 A) Consideration of First Reading, Ordinance No. 02 -09, Amending Pg 20 -22 Subdivision Ordinance for Housekeeping and Consistency with City Code: Jeff Smyser Reading and roll call required B) Consider Second Reading of Ordinance No. 01 -09, amending the Pg 23 -25 Zoning Ordinance definition of the term Private Kennel, Paul Bengtson. Reading and roll call required C) 2009 Street Maintenance Projects, James E. Studenski i. Consider Resolution No. 09 -08, Authorizing Preparation of Plans and Specifications, 2009 Overlay Project ii. Consider Resolution No. 09 -09, Authorizing Preparation of Plans and Specifications, 2009 Sealcoat Project D) A) Pg 26 -29 Consider Resolution No. 09 -10, Authorizing Execution of Mn/DNR Community Conservation Assistance Grant, Michael Grochala Consider approval of January 5, 2009 Council Work Session Minutes Council Member Stoltz absent Pg 30 -39 Pg 40 -43 A) B) Consider approval of January 26, 2009 Council Work Session Pg 44 -45 Minutes Council Member Gallup and Stoltz absent Consider approval of January 26, 2009 City Council Meeting Pg 46 -49 Minutes Council Member Gallup and Stoltz absent A special work session to discuss strategic planning sessions will be held in the council workroom immediately following adjournment of this meeting. Community Calendar- A Look Ahead February 9, 2009 through February 23, 2009 • Monday, February 9 • Wednesday, February 11 ▪ Monday, February 16 Monday, February 23 • Monday, February 23 Following Council Meeting 6:30 pm, Council Chambers President's Day 5:30 pm, Community Room 6:30 pm, Council Chambers Special Work Session - Strategic Planning Sessions Planning & Zoning City Hall Closed Council Work Session Council Meeting REVISED Monday, February 9, 2009 * * * * * * * * * ** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke > Open Mike / Public Comment ➢ Call to Order and Roll Call > Setting the Agenda: Addition or deletion of agenda items A) Consideration of Expenditures: i) February 9, 2009 (Check No. 84989 through 85044) in the amount of $143,226.21; ii) Centennial Fire District (Check No. 3607 through 3617) in the amount of $16,621.68 Pg 3 -16 B) Consider Appointments to the Economic Development Advisory Pg 17 Committee C) Consider approval of January 12, 2009 Special Work Session Pg 18 -19 (re Comp Plan) Minutes D) Consider application for Exempt Permit from Lawful Gambling License for Lino Lakes Elementary School relative to school carnival raffle on March 21, 2009 No Reports A) Accept resignation of City Administrator Gordon Heitke No Reports No Reports Council Agenda -2- 2/9/2009 A) Consideration of First Reading, Ordinance No. 02 -09, Amending Pg 20 -22 Subdivision Ordinance for Housekeeping and Consistency with City Code: Jeff Smyser Reading and roll call required B) Consider Second Reading of Ordinance No. 01 -09, amending the Pg 23 -25 Zoning Ordinance definition of the term Private Kennel, Paul Bengtson. Reading and roll call required C) 2009 Street Maintenance Projects, James E. Studenski i. Consider Resolution No. 09 -08, Authorizing Preparation of Plans and Specifications, 2009 Overlay Project ii. Consider Resolution No. 09 -09, Authorizing Preparation of Plans and Specifications, 2009 Sealcoat Project D) Pg 26 -29 Consider Resolution No. 09 -10, Authorizing Execution of Mn/DNR Community Conservation Assistance Grant, Michael Grochala Pg 30 -39 A) Consider approval of January 5, 2009 Council Work Session Minutes Council Member Stoltz absent Pg 40 -43 Consider approval of January 26, 2009 Council Work Session Pg 44 -45 Minutes Council Member Gallup and Stoltz absent B) Consider approval of January 26, 2009 City Council Meeting Pg 46 -49 Minutes Council Member Gallup and Stoltz absent A special work session to discuss strategic planning sessions will be held in the council workroom immediately following adjournment of this meeting, Community Calendar- A Look Ahead February 9, 2009 through February 23, 2009 +► Monday, February 9 • Wednesday, February 11 ▪ Monday, February 16 Monday, February 23 • Monday, February 23 Following Council Meeting 6:30 pm, Council Chambers President's Day 5:30 pm, Community Room 6:30 pm, Council Chambers Special Work Session - Strategic Planning Sessions Planning & Zoning City Hall Closed Council Work Session Council Meeting • EXPENDITURES FEBRUARY 9, 2009 • • Date: 01/29/2009 Time: 10:07:04 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 7721 - 7722 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: KIQ' Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: A Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 900511 ALEXANDRA HOUSE, INC. 1 2,000.00 2,000.00 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 229.44 229.44 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 216.35 216.35 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 1 41.25 41.25 .D0 .00 000420 ANOKA COUNTY 1 506.00 506.00 .00 .00 000541 ASPEN MILLS, INC. 2 138.08 138.08 .00 .00 000134 BOLDT, ROBERT 1 230.96 230.96 .00 .00 000770 BOYER TRUCKS, INC. 1 54.06 54.06 .DD .00 000946 C. P. OFFICE PRODUCTS 1 105.49 105.49 .0D .0D 001000 CATCO PARTS, INC. 1 230.02 230.02 .00 .00 007697 CENTENNIAL TECH CLUB 1 30.00 30.00 .00 II, 001110 CENTENNIAL UTILITIES 4 12,035.84 12,035.84 .00 000370 CENTRAL COMMUINICATIONS 1 819.92 819.92 .00 .00 D07700 COLLECTIVE RESOURCE, LLC 2 2,375.00 2,375.00 .00 .00 004470 COMO LUBE 6 SUPPLIES, INC. 1 209.64 209.64 .00 .00 000486 COORDINATED BUSINESS SYSTEMS, LTD. 1 370.61 370.61 .00 .0D 900591 CORPORATE EXPRESS, INC. 1 324.03 324.03 .00 .00 001824 CREAMERY CROSSING 1 270.00 270.00 .00 .0D 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,661.80 4,661.80 .00 .00 001148 EGAN OIL COMPANY 2 5,028.60 5,028.60 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 335.95 335.95 .00 .00 000772 FILTRATION SYSTEMS, INC. 1 320.38 320.38 .00 .00 • Date: 01/29/2009 Time:- 10:07:04 City of Lino Lakes FM Entry - Invoice Journal Operator: REF Page: 2 Discount .ior # Name # of items Net Gross Discount Lost 007698 FRATTALONE'S /CIRCLE PINES ACE 3 24.42 24.42 .00 .00 002328 G & K SERVICES, INC. 1 27.71 27.71 .00 .00 001720 GRAINGER, INC. 2 222.93 222.93 .00 .00 .001768 H & L MESABI, INC. 1 261.39 261.39 .DD .00 001771 HALVORSON CONCRETE, INC. 1 3,223.00 3,223.00 .D0 .00 001780 HAMMES, WILLIAM 1 12.00 12.00 .00 .00 001480 HAWKINS INC. 1 5.00 5.00 .00 .D0 900559 HEALTH PARTNERS 1 55,975.45 55,975.45 .00 .00 003271 HSBC BUSINESS SOLUTIONS 1 106.49 106.49 .00 .00 007699 KUNZE, LINDA 1 9.00 9.00 .00 .00 007701 LINCOLN NATIONAL LIFE INS CO 1 1,358.06 1,358.06 .DD .00 002550 MENARDS, INC. 1 263.36 263.36 .00 .00 003882 MINNESOTA SHREDDING LLC 2 63.00 63.00 .00 .00 DDD900 O'REILLY AUTOMOTIVE, INC. 6 140.80 140.80 .00 .00 000217 POLAR CHEVROLET & MAZDA 1 368.13 368.13 .D0 .DD 4111600 PRESS PUBLICATIONS, INC. 1 35.78 35.78 .00 .00 696 RATWIK, ROSZAK & MALONEY, P.A. 1 1,145.18 1,145.18 .00 .00 002640 RDO EQUIPMENT COMPANY, INC. 1 3,049.55 3,049.55 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,564.38 1,564.38 .00 .00 004142 STANDARD TRUCK & AUTO, INC. 1 257.11 257.11 .00 .00 004240 STREICHER'S, INC. 5 3,0B7.50 3,087.50 .00 .00 004350 T.K.D.A. 6 21,548.88 21,548.88 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 1 220.00 220.00 .OD .00 004370 TR COMPUTER SALES, LLC 1 805.00 805.00 .00 .00 004575 UPS /UNITED PARCEL SERVICE 1 23.27 23.27 .D0 .0D D00970 VERIZON WIRELESS 2 1,356.82 1,356.82 .00 .00 004840 WINNICK SUPPLY, INC. 1 94.94 94.94 .0D .0D • Date: 01/29/2009 Time: 10:07:05 City of Lino Lakes Operator: RKF Page: 3 FM Entry - Invoice Journal Discount D07.421 WRIGHT /HENNEPIN CO -OP ELECTRIC ASSOC 1 810.00 810.00 .00 .00 003250 XCEL ENERGY 6 16,633.64 16,633.64 .00 .00 Grand Totals: 81 143,226.21 143,226.21 .00 .0D Vendor # Name # of items Net Gross Discount • • • Date: 01/29/2009 Account # • Time: 10:07:05 Description City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 4 Fiscal Debit Main Credit 101 -2040 -000 GENERAL FUND PAYROLL WITHHOLDING 02/2009 3,177.39 101 - 2041 -000 GENL FUND FLEX PLAN - HEALTH CARE PREMIUM 02/2009 9,550.43 101 - 2044 -000 GENERAL FUND FLEX PLAN - DENTAL ACCOUNT 02/2009 2,495.18 101 -2081 -000 GENERAL FUND DUE TO COUNTY -FENCE PERMIT 12/2008 506.00 101 - 3416 -000 GENERAL FUND RESALE 02/2009 0.32 101- 402- 4131 -000 GENERAL ADMINISTRATION HEALTH INSURANCE 02/2009 2,772.99 101 - 402- 4133 -000 GENERAL ADMINISTRATION LIFE INSURANCE 02/2009 121.64 101- 402 - 4134 -000 GENERAL ADMINISTRATION DENTAL INSURANCE 02/2009 176.79 101- 402- 4410 -000 GENERAL ADMINISTRATION CONTRACTED SERVIC 02/2009 16.50 101- 405 - 4300 -999 GENERAL CHARTER PROFESSIONAL SERVICES CH 02/2009 220.00 101- 405- 4340 -000 GENERAL CHARTER ADVERTISING 02/2009 35.78 101 -406- 4131 -000 GENERAL SENIORS HEALTH INSURANCE 02/2009 319.40 101- 406 - 4133 -000 GENERAL SENIORS LIFE INSURANCE 02/2009 11.38 101- 406 - 4134 -000 GENERAL SENIORS DENTAL INSURANCE 02/2009 22.09 101 - 407- 4131 -000 GENERAL FINANCE HEALTH INSURANCE 02/2009 2,665.37 101 - 407 - 4133 -000 GENERAL FINANCE LIFE INSURANCE 02/2009 95.08 101 - 407- 4134 -000 GENERAL FINANCE DENTAL INSURANCE 02/2009 48.93 101- 414 - 4301 -000 GENERAL LEGAL CONSULTANTS MUNICIPAL ATTO 12/2008 1,145.18 101 - 415- 4131 -000 ECONOMIC DEV HEALTH INSURANCE 02/2009 511.04 101- 415- 4133 -000 ECONOMIC DEVELOPMENT LIFE INSURANCE 02/2009 24.53 101 -415- 4134 -000 ECONOMIC DEVELOPMENT DENTAL INSURANCE 02/2009 35.35 101 - 416 - 4131 -000 PLANNING&ZONING HEALTH INSURANCE 02/2009 1,022.08 101 - 416 - 4133 -000 PLANNING & ZONING LIFE INSURANCE 02/2009 46.82 101- 416 - 4134 -000 PLANNING & ZONING DENTAL INSURAN 02/2009 70.70 101 - 417 - 4410 -000 ENGINEERING CONTRACTED SERVICES 12/2008 17,620.36 101 - 418 - 4131 -000 COMM DEV HEALTH INSURANCE 02/2009 383.28 101 -418- 4133 -000 COMM DEV LIFE INSURANCE 02/2009 63.91 101 -418- 4134 -000 COMM DEV DENTAL INSURANCE 02/2009 61.86 101 - 420- 4131 -000 GENERAL POLICE HEALTH INSURANCE 02/2009 20,190.12 101 -420- 4133 -000 GENERAL POLICE LIFE INSURANCE 02/2009 710.90 101 -420- 4134 -000 GENERAL POLICE DENTAL INSURANCE 02/2009 512.51 101- 420 -4200 -000 GENERAL POLICE OFFICE SUPPLIES 02/2009 324.03 101 -420- 4211 -000 GENERAL POLICE MAINTENANCE SUPPLIES 02/2009 2,494.63 101- 420 - 4214 -000 GENERAL POLICE CRIME PREVENTION 02/2009 2,000.00 101- 420 - 4214 -000 GENERAL POLICE CRIME PREVENTION 12/2008 270.00 101 -420 -4300 -000 GENERAL POLICE PROFESSIONAL SERVICES 12/2008 12.00 101 -420- 4321 -ODD GENERAL POLICE TELEPHONE 02/2009 1,056.97 101- 420- 4321 -000 GENERAL POLICE TELEPHONE 12/2008 299.85 101 -420- 4322 -000 GENERAL POLICE POSTAGE 02/2009 23.27 101 -420- 4330 -000 GENERAL POLICE TRAVEL /TUITION 12/2008 30.00 101 - 420 - 4370 -000 GENERAL POLICE UNIFORMS 02/2009 631.00 101 -420- 4370 -D00 GENERAL POLICE UNIFORMS 12/2008 99.95 101 -420- 4381 -000 GENERAL POLICE ELECTRICITY 02/2009 6.71 101 - 420 - 4410 -000 GENERAL POLICE CONTRALrED SERVICES 02/2009 46.50 101 - 420 - 4410 -000 GENERAL POLICE CONTRALrEU SERVICES 12/2008 619.92 101- 421 - 4131 -000 GENERAL FIRE HEALTH INSURANCE 02/2009 2,363.04 101 - 421- 4133 -000 GENERAL FIRE LIFE INSURANCE 02/2009 62.64 101 - 421 - 4134 -000 GENERAL FIRE DENTAL INSURANCE 02/2009 103.60 101- 422- 4131 -000 BUILDING INSPECTIONS HEALTH INSURANCE 02/2009 2,960.99 101 - 422 - 4133 -000 BUILDING INSPECTIONS LIFE INSURANCE 02/2009 86.28 101 - 422 - 4134 -000 BUILDING INSPECT DENTAL INSURANCE 02/2009 150.26 101 -422- 4300 -000 BUILDING INSPECTIONS PROFESS SERVIC 12/2008 805.00 101- 422 - 4304 -000 GENERAL BUILDING INSPECTIONS MUN ENG 12/2008 240.90 Date: 01/29/2009 Time: 10:07:05 City of Lino Lakes FM Entry - Invoice Journal Account # Description Fiscal Operator: KKF Page: 5 Debit Credit 101 -430- 4131 -000 GENERAL STREETS HEALTH INSURANCE 02/2009 2,438.52 101 -430- 4133 -000 GENERAL STREETS LIFE INSURANCE 02/2009 150.49 101 - 430 - 4134 -000 GENERAL STREETS DENTAL INSURANCE 02/2009 118.43 101 -430- 4221 -000 GENERAL STREETS SHOP PARTS 02/2009 261.39 101 -430- 4330 -000 GENERAL STREETS TRAVEL /TUITION 02/2009 200.00 101 -430- 4370 -000 GENERAL STREETS UNIFORMS 02/2009 230.96 101- 430 - 4385 -000 GENERAL STREETS STREET LIGHTS 02/2009 11,577.22 101- 430- 4421 -000 GENERAL STREETS CONTRAL-rra) STORM SYSTEM 12/2008 333.53 101- 431 - 4131 -O00 GENERAL FLEET HEALTH INSURANCE 02/2009 806.50 101 -431- 4133 -000 GENERAL FLEET LIFE INSURANCE 02/2009 23.44 101- 431 - 4134 -000 GENERAL FLEET DENTAL INSURANCE 02/2009 40.65 101- 431 - 4212 -000 GENERAL FLEET VEHICLE FUEL 02/2009 5,028.60 101 - 431 - 4221 -000 GENERAL FLEET SHOP PARTS 02/2009 4,105.08 101 - 431 - 4240 -000 GENERAL FLEET SMALL TOOLS 02/2009 115.00 101- 432 - 4131 -000 GOVER BUILD HEALTH INSURANCE 02/2009 511.04 101 - 432 - 4133 -000 GOVER BUILD LIFE INSURANCE 02/2009 17.10 101-432-4134-000 GOVER BUILDINGS DENTAL INSURANCE 02/2009 35.35 101 - 432 - 4200 -000 GOVER BUILDINGS OFFICE SuYPLIES 02/2009 105.49 101 - 432- 4211 -000 DOVER BUILDINGS MAINTENANCE SUPPLIES 02/2009 497.22 101- 432 - 4300 -000 GOVER BUILDINGS PROFESS_ SERV 02/2009 600.00 101- 432 - 4383 -000 GOVER BUILDINGS HEAT 12/2008 11,311.73 101 - 450- 4131 -000 GOVER BUILDINGS CONTRACTED 02/2009 5B6.96 101 -450- 4131 -000 GENERAL PARRS HEALTH INSURANCE 02/2009 2,488.45 101-450-4133-000 GENERAL PARES LIFE INSURANCE 02/2009 124.33 101 -450- 4134 -00D GENERAL PARES DENTAL INSURANCE 02/2009 176.77 101 - 450 - 4211 -000 GENERAL PARKS MAINTENANCE SUPPLIES 02/2009 3.16 101- 450- 4211 -000 GENERAL PARKS MAINTENANCE SUPPLIES 12/2008 263.36 101 -450- 4381 -000 GENERAL PARES ELECTRICITY 02/2009 519.52 101 - 450 - 4383 -000 GENERAL PARKS HEAT 12/2008 711.35 101- 451- 4131 -000 GENERAL RECREATION HEALTH INSURANCE 02/2009 1,616.75 101- 451 - 4133 -000 GENERAL RECREATION LIFE INSURANCE 02/2009 73.63 101 - 451- 4134 -000 GENERAL RECREATION DENTAL INSURANCE 02/2009 113.14 101 - 461 - 4131 -000 GENERAL ENVIRONMENTAL HEALTH INSURANCE 02/2009 330.54 101 -461- 4133 -000 GENERAL ENVIRONMENTAL LIFE INSURANCE 02/2009 19.36 101 - 461 - 4134 -000 GENERAL ENVIRONMENTAL DENTAL INSURANCE 02/2009 12.37 101- 462 - 4131 -000 GENERAL SOLID WASTE HEALTH INSURANCE 02/2009 283.32 101- 462 - 4133 -000 GENERAL SOLID WASTE LIFE INSURANCE 02/2009 7.45 101- 462- 4134 -000 GENERAL SOLID WASTE DENTAL INSURANCE 02/2009 10.61 101- 463 - 4131 -000 GENERAL FORESTRY HEALTH INSURANCE 02/2009 330.55 101- 463 - 4133 -000 GENERAL FORESTRY LIFE INSURANCE 02/2009 9.86 101- 463 - 4134 -000 GENERAL FORESTRY DENTAL INSURANCE 02/2009 12.37 Fund Total: 125,923.06 .0D RECREATION AEROBICS 02/2009 9.00 201-3810-801 Fund Total: 9.00 .00 406 - 499 - 4304 -000 406 - 499 - 4304 -053 AREA AND UNIT OTHER MUNICIPAL ENGINEER 12/2008 1,096.51 AREA & UNIT MUN ENG SAN SEWER /WATER COMP 12/2008 675.00 Date: 01/29/2009 Time: 10:07:05 City of Lino Lakes FM Entry - Invoice Journal • Account # Operator: RKF Page: 6 Description Fiscal Debit Credit 421 - 499 -4300 -000 421 - 499 - 4340 -080 Fund Total: 1,771.51 .00 SEALCOATING PROFESSIONAL SERVICES 12/2008 760.00 PRINTING & PUBL 2008 SEALCOATING 12/2008 325.00 Fund Total: 1,085.00 .00 601- 494 - 4131 -000 WATER OPERATING WATER HEALTH INSURANCE 02/2009 1,727.96 601- 494 - 4133 -000 WATER OPERATING WATER LIFE INSURANCE 02/2009 44.59 601 - 494- 4134 -000 WATER OPERATING WATER DENTAL INSURANCE 02/2009 111.37 601 - 494- 4211 -000 WATER OPERATING MAINTENANCE SUPPLIES 02/2009 46.09 601 - 494 - 4222 -000 WATER OPERATING CHEMICALS 12/2008 5.00 601- 494- 4240 -000 WATER OPERATING SMALL TOOLS 02/2009 12.75 601- 494 - 4300 -000 WATER OPERATING PROFESSIONAL SERVICES 02/2009 1,375.00 601- 494 - 4300 -000 WATER OPERATING PROFESSIONAL SERVICES 12/2008 650.00 601 - 494 - 4304 -000 WATER OPERATING MUNICIPAL ENGINEER 12/2008 1,096.50 601 - 494 - 4381 -000 WATER OPERATING ELECTRICITY 02/2009 2,113.05 Fund Total: 7,182.31 602 - 495- 4131 -D00 SEWER OPERATING HEALTH INSURANCE 02/2009 1,216.91 602- 495- 4133 -000 SEWER OPERATING LIFE INSURANCE 02/2009 44.37 602- 495- 4134 -000 SEWER OPERATING SEWER DENTAL INSURANCE 02/2009 75.99 602 - 495 - 4300 -000 SEWER OPERATING PROFESSIONAL SERVICES 12/2008 1,488.00 602 - 495- 4381 -000 SEWER OPERATING ELECTRICITY 02/2009 3,227.14 602- 495 -4383 -000 SEWER OPERATING HEAT 12/2008 12.76 Fund Total: 6,065.17 801- 2022 -000 801- 2344 -102 801- 2376 -102 B01 -2394 -102 Control A/P CONTRACTOR'S DEPOSITS POLICE FORFEITURES 02/2009 704.08 Century Farms No.4th Engineering 12/2008 208.32 Grandview Engineer 12/2008 138.88 Pine Glen 2nd Addn. Admini stration 12/2008 138.88 Fund Total: 1,190.16 Grand Totals: Control Grand Totals: .00 .D0 .00 143,226.21 .00 .00 .00 101 - 2020 -D00 GENERAL FUND ACCOUNTS PAYABLE 02/2009 91,453.93 101 -2020 -000 GENERAL FUND ACCOUNTS PAYABLE 12/2008 34,469.13 201 -202D -000 RECREATION ACCOUNTS PAYABLE 02/2009 9.00 406- 2020 -000 AREA AND UNIT ACCOUNTS PAYABLE 12/2008 1,771.51 421 -2020 -000 SEAL COATING ACCOUNTS PAYABLE 12/2008 1,085.00 Date: 01/29/2009 Time: 10:07:05 City of Lino Lakes FM Entry - invoice Journal Account fl Operator: KKF Page: 7 Description Fiscal Debit Credit 601 - 2020 -000 WATER OPERATING ACCOUNTS PAYABLE 02/2009 5,430.81 601- 2020 -ODD WATER OPERATING ACCOUNTS PAYABLE 12/2008 1,751.50 602- 2020 -000 SEWER OPERATING ACCOUNTS PAYABLE 12/2008 1,500.76 602 - 2020 -000 SEWER OPERATING ACCOUNTS PAYABLE 02/2009 4,564.41 801- 2020 -000 CONTRACTOR'S DEPOSITS ACCOUNTS PAYABLE 02/2009 704.08 801 - 2020 -D00 CONTRACTOR'S DEPOSITS ACCOUNTS PAYABLE 12/2008 486.08 A/P Grand Totals: .DD 143,226.21 Discount Manual Checks - Cash Discount Grand Totals: Cash Grand Totals: .00 .00 .00 .00 • • Date: 01/29/2009 Time: 09:57:13 Operator: KKF • Ranges: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 7731 - 7732 Bank #: (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description Amount AMERICAN FAMILY LIFE MONTHLY LIFE ASSURANCE 229.44 ANOKA COUNTY DECEMBER RECORDING FEE 506.00 RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D 1,184.62 DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES 2,772.66 HEALTH PARTNERS MONTHLY HEALTH INS 11,036.60 Total for Department 15,729.32* ADMINISTRATION RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D 23.75 ADMINISTRATION DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES 176.79 ADMINISTRATION MINNESOTA SHREDDING DOCUMENT SHREDDING 16.50 ADMINISTRATION LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI 97.89 ADMINISTRATION HEALTH PARTNERS MONTHLY HEALTH INS 2,772.99 Total for Department 402 3,087.92* CHARTER PRESS PUBLICATIONS, LEGAL /NOTICE OF ECON DEV 35.78 CHARTER TIMESAVER OFF -SITE S CHARTER COMMISSION MEETI 220.00 Total for Department 405 255.78* IIIIIIORS RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D 4.75 TORS DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES 22.09 SENIORS LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI 6.63 SENIORS HEALTH PARTNERS MONTHLY HEALTH INS 319.40 Total for Department 406 352.87* FINANCE RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D 21.38 FINANCE DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES 48.93 FINANCE LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI 73.70 FINANCE HEALTH PARTNERS MONTHLY HEALTH INS 2,665.37 Total for Department 407 2,809.38* LEGAL CONSULTANTS RATWIK, ROSZAK & MAL PROFESSIONAL SERVICES 1,145.18 Total for Department 414 1,145.18* ECONOMIC DEVELOPMENT RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D 4.75 ECONOMIC DEVELOPMENT DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES 35.35 ECONOMIC DEVELOPMENT LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI 19.78 ECONOMIC DEVELOPMENT HEALTH PARTNERS MONTHLY HEALTH INS 511.04 Total for Department 415 570.92* PLANNING & ZONING RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D 9.50 • Date: 01/29/2009 Time: 09:57:13 Operator: REF Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount PLANNING & ZONING PLANNING & ZONING PLANNING F. ZONING ENGINEERING COMM DEV COMM DEV COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE FIRE FIRE FIRE DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI HEALTH PARTNERS MONTHLY HEALTH INS Total for Department 416 T.R.D.A. PROFESSIONAL SVCS GEN FU Total for Department 417 BUILDING INSPECTIONS BUILDING INSPECTIONS BUILDING INSPECTIONS BUILDING INSPECTIONS BUILDING INSPECTIONS BUILDING INSPECTIONS RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI HEALTH PARTNERS MONTHLY HEALTH INS Total for Department 418 CENTRAL COMMUNICATIO RELIASTAR LIFE INSUR ASPEN MILLS, INC. ASPEN MILLS, INC. VERIZON WIRELESS VERIZON WIRELESS DELTA DENTAL PLAN OF HAMMES, WILLIAM CREAMERY CROSSING XCEL ENERGY MINNESOTA SHREDDING INC. INC. INC. INC. INC. STREICHER'S, STREICHER'S, STREICHER'S, STREICHER'0, STREICHER'S, DECEMBER 08 ACCESS CHARG MONTHLY LIFE /AD&D T. PETERSON UNIFORM ALIO UNDER BELT NYLON FELCRO MONTHLY WIRELESS WIRELESS CHARGES MONTHLY DENTAL CHARGES PARKING REIMBURSEMENT 2008 VOLUNTEER DINNER JAN ENERGY DESTRUCTION OF CONFIDENT BALL AMMO /12 GA TACTICAL BOOTS /COLDGEAR /HOOD /SOCK FLASHLIGHT /LED DUAL SHIT HOLSTER /PADDLE STR- STINGERSB UPS /UNITED PARCEL SE DOCUMENT SHIPPING CENTENNIAL TECH CLUB WALNUT PLAQUE LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI ALEXANDRA HOUSE, INC DOMESTIC ABUSE RESPONSE HEALTH PARTNERS MONTHLY HEALTH INS CORPORATE EXPRESS, I ENVL /LAMNT CTRG /PRINT CT Total for Department 42D RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI HEALTH PARTNERS MONTHLY HEALTH INS Total for Department 421 RELIASTAR LIFE INSUR DELTA DENTAL PLAN OF T.R.D.A. TR COMPUTER SALES, L LINCOLN NATIONAL LIF HEALTH PARTNERS MONTHLY LIFE /AD&D MONTHLY DENTAL CHARGES PROFESSIONAL SVCS GEN FU COMPUTER CONSULTING MONTHLY LONG TERM DISABI MONTHLY HEALTH INS 70.70 37.32 1,022.08 1,139.60* 17,620.36 17,620.36* 11.87 61.86 52.04 383.28 509.05* 819.92 152.00 99.95 38.13 1,056.97 299.85 512.51 12.00 270.00 6.71 46.50 2,494.63 3 63 .94 111.81 63.89 53.23 23.27 30.00 558.9D 2,000.00 20,190.12 324.03 29,528.36* 14.25 103.60 48.39 2,363.04 2,529.28* 16.39 150.26 240.90 805.00 69.89 2,960.99 • Date: 01/29/2009 Time: 09:57:13 Operator: KKF • Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET 01112T ET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS • Total for Department 422 BOLDT, ROBERT RELIASTAR LIFE INSUR DELTA DENTAL PLAN OF H 6 L MESABI, INC. %CEL ENERGY XOEL ENERGY T.R_D.A. WRItziir /HENNEPIN CO -0 COLLECTIVE RESOURCE, LINCOLN NATIONAL LIF HEALTH PARTNERS R. BOLDT CLOTHING ALLOWA MONTHLY LIFE/AD&D MONTHLY DENTAL CHARGES 3/4" X 8' SEF BLADE SAVE ENERGY SERVICE JAN ENERGY PROF SVCS SURFACE WATER TWN CNT PKWY VILLAGE DR/ ADD RADIANT HEAT PANEL F. MONTHLY LONG TERM DISABI MONTHLY HEALTH INS Total for Department 430 RELIASTAR LIFE INSUR MONTHLY LIFE/AD&D BOYER TRUCKS, INC. O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, =CO PARTS, INC_ EGAN OIL COMPANY EGAN OIL COMPANY DELTA DENTAL PLAN DF G & K SERVICES, INC. RDO EQUIPMENT COMPAN HSBC BUSINESS SOLUTI ANOKA COUNTY LICENSE STANDARD TRUCK 6 AUT COMO LUBE & SUPPLIES WINNICK SUPPLY, INC. FRATTALONE'S /CIRCLE LINCOLN NATIONAL LIF HEALTH PARTNERS GASKET /THERMOSTAT COLLANT /TREATMENT FUEL FILTER /OIL FILTER HYD FILTER OIL FILTERS POWER TAP /TERM WINTER BLADE COUPLER /REDUCER ULSD #2 DYED UNL GASOLINE MONTHLY DENTAL CHARGES BAGGED SHOP TOWELS HYDRAYLIC CYLIN /KIT /PIN SNOW PLOW LIGHT KIT TABS FOR UNIT 324 CLIP /RIVET /BOLT /TUB /CTR TELLUS T OIL K -OXGEN /STEEL FLAT DROP/ NOZZLE GUN CUSHION GRIP MONTHLY LONG TERM DISABI MONTHLY HEALTH INS ADAPTER Total for Department 431 AMERIPRIDE LINEN /APP GRAY MATTS /LEASE RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D COORDINATED BUSINESS 2009 MAINTENANCE CONTRAC FILTRATION SYSTEMS, FILTERS C. P. OFFICE PRODUCT RETRN TYP WORDSMITH /PURC CENTENNIAL UTILITIES DEC. READING - CITY CENT DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES GRAINGER, INC. RADIANT HEATER COLLECTIVE RESOURCE, COMPRESSOR COIL /4 FLEX 0 LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI HEALTH PARTNERS MONTHLY HEALTH INS 4,243.43* 230.96 34.91 118.43 261.39 325.68 10,441.54 333.53 810.00 200.00 115.58 2,438.52 15,310.54* 5.46 54.06 49.01 51.99 11.42 8.55 3.50 16.33 230.02 1,976.00 3,052.60 40.65 27.71 3,049.55 106.49 41.25 257.11 209.64 94.94 8.51 17.98 806.50 10,119.27* 216.35 4.75 370.61 32D.38 105.49 11,311.73 35.35 176.84 800.00 12.35 511.04 -13- Date: 01/29/20D9 Time: 09:57:13 Operator: KKF Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount Total for Department 432 13,864.89* PARRS RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D 28.50 PARRS CENTENNIAL UTILITIES DEC. READING - 6918 SUNK 444.27 PARRS CENTENNIAL UTILITIES DEC. READING - 7204 LAKE 267.08 PARKS DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES 176.77 PARKS MENARDS, INC. RECIP BLADE /SMART STRAW 263.36 PARKS XCEL ENERGY JAN ENERGY 519.52 PARKS FRATTALONE'S /CIRCLE FURNACE FILTER 3.16 PARKS LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI 95.83 PARKS HEALTH PARTNERS MONTHLY HEALTH INS 2,4B8.45 Total for Department 450 4,286.94* RECREATION RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D 15.20 RECREATION DELTA DENTAL FLAN OF MONTHLY DENTAL CHARGES 113.14 RECREATION LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI 58.43 RECREATION HEALTH PARTNERS MONTHLY HEALTH INS 1,616.75 Total for Department 451 1,803.52* ENVIRONMENTAL RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D 5.23 ENVIRONMENTAL DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES 12.37 ENVIRONMENTAL LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI 14.15 ENVIRONMENTAL HEALTH PARTNERS MONTHLY HEALTH INS 330.54 Total for Department 461 362.29* SOLID WASTE RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D 1.43 SOLID WASTE DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES 10.61 SOLID WASTE LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI 6.02 SOLID WASTE HEALTH PARTNERS MONTHLY HEALTH INS 283.32 Total for Department 462 301.38* FORESTRY RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D 2.85 FORESTRY DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES 12.37 FORESTRY LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI 7.01 FORESTRY HEALTH PARTNERS MONTHLY HEALTH INS 330.55 Total for Department 463 352.78* Total for Fund 101 125,923.06* KUNZE, LINDA REFUND FOR CANCELLED CLA 9.0D Total for Department 9.00* Total for Fund 201 9.00* OTHER T.K.D.A. PROF SVCS COMPREHENSIVE 675.DD OTHER T.K.D.A. PROFESSIONAL SVCS GEN FU 1,096.51 Total for Department 499 1,771.51* Total for Fund 406 1,771.51* -14- • Date: 01/29/2009 Time: 09:57:13 Operator: KKF • Department Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount OTHER HALVORSON CONCRETE, EPDXY PATCH WORK OTHER HALVORSON CONCRETE, REMOVE & REPLACE 4° SIDE Total for Department 499 WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER Total for Fund 421 RELIASTAR LIFE INSUR MONTHLY LIFE /AD&D DELTA DENTAL PLAN OF MONTHLY DENTAL CHARGES HAWKINS , INC. 150 LB CHLORINE CYLINDER GRAINGER, INC. THERMOSTAT /CIRCUIT BREAK HALVORSON CONCRETE, REPLACE 28 "SURMOUNTABLE XCEL ENERGY ENERGY SERVICE T.K.D.A. PROFESSIONAL SVCS GEN FU FRATTALONE'S /CIRCLE FLASHLITE COLLECTIVE RESOURCE, COMPRESSOR COIL /4 PLEX 0 COLLECTIVE RESOURCE, REPLACE 5 FIXTURES W /VAP COLLECTIVE RESOURCE, WIRE CIRCULATING PUMP /CO LINCOLN NATIONAL LIF MONTHLY LONG TERM DISABI HEALTH PARTNERS MONTHLY HEALTH INS Total for Department 494 Total for Fund 601 RELIASTAR LIFE INSUR CENTENNIAL UTILITIES DELTA DENTAL PLAN OF HALVORSON CONCRETE, xCEL ENERGY LINCOLN NATIONAL LIF HEALTH PARTNERS MONTHLY LIFE /AD&D DEC. READING - SUNRISE MONTHLY DENTAL CHARGES REMOVE CURB & GUTTER JAN ENERGY MONTHLY LONG TERM DISABI MONTHLY HEALTH INS Total for Department 495 Total for Fund 602 POLAR CHEVROLET & MA SIEZED VEHICLE FACTORY MOTOR PARTS 1999 CADILLAC SEVILLE SE T.R.D.A. PROF SVCS CENTURY FARMS T.R.D.A. PROF SVCS GRANDVIEW T.R.D.A. PROF SVCS PINE GLEN PHAS Total for Department Total for Fund 801 Grand Total 325.00 760.00 1,085.00* 1,085.00* 11.41 111.37 5.00 46.09 650.00 2,113.05 1,096.50 12.75 275.00 700.00 400.00 33.18 1,727.96 7,182.31* 7,182.31* 11.38 12.76 75.99 1,488.00 3,227.14 32.99 1,216.91 6,065.17* 6,065.17* 368.13 335.95 208.32 138.88 138.BB 1,190.16* 1,190.16* 143,226.21* CENTENNIAL FIRE DISTRICT Check Register FIRE GL GL Posting Period(s): 02/09 - 02/09 Check Issue Date(s): 02/01/2009 - 02/022009 Page: 1 Feb 02, 2009 11:42am Per Date Check No Vendor No Payee 02/09 02/02/09 3607 11565 ASPEN MILLS 02/09 02/02/09 3608 30465 CENTENNIAL FIREFIGHTERS RELIE 02/09 02/02/09 02/09 02/02/09 02/09 02/02/09 3609 30485 3610 30490 3611 40025 CENTER MART CENTERPOINT ENERGY DAVCO TECHNOLOGIES, INC 02/09 02/02/09 3612 50130 EMERGENCY MEDICAL PRODUCT: Total 3612 02/09 02/02/09 3613 02/09 02/02/09 3614 02/09 02/02/09 3615 02/09 02/02/09 3616 02/09 02/02/09 3617 Totals: 130440 METRO FIRE, INC 130710 MN CHAPTER IAAI 150140 OFFICE DEPOT, INC 160050 PAETEC 190500 SIGNS NOW Invoice Description UNIFORM 2008 3RD /4TH QTR PENSION CONTRIBUTION DEC FUEL JAN GAS STATION 2 RELOCATED PHONE EXTENSIONS MEDICAL SUPPLIES MEDICAL SUPPLIES SCBA FLOW TEST MEMBERSHIP BRUDER FLOOR MATT PHONES STATION 2 CUT VINYL HELMETS & SIGN Inv Amount 7.30 12,500.00 101.00 2,029.74 132.00 525.76. 27.52 553.28 622.10 25.00 39.89 399.03 212.34 16,621.68 • • M = Manual Check, V = Void Check Consent AGENDA ITEM STAFF ORIGINATOR: Daniel Tesch, Director of Administration MEETING DATE: 9 February 2009 TOPIC: EDAC Appointments VOTE REQUIRED: 3/5 BACKGROUND The EDAC Board has 4 vacancies going into. 2009. The council has interviewed 2 residents who wish to serve on this board. There are also 2 incumbents who wish to be reappointed. • RECOMMENDATION Reappoint Julie Jeffrey - Schwartz and Michele Keller. Appoint Tom Sanvick and Brian Menke. Appointments are for 3 years except for one of these individuals who will be serving Karen Lodico term which has one year remaining. ATTACHMENTS • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 DRAFT CITY OF LINO LAKES MINUTES CITY COUNCIL SPECIAL WORK SESSION DRAFT 2030 COMPREHENSIVE PLAN REVIEW DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT : January 12, 2009 . 7:05 p.m. . 7:45 p.m. : Councilmember Gallup, O'Donnell, Stoltz, Reinert and Mayor Bergeson : None Staff members present: Community Development Director, Michael Grochala; City Administrator, Gordon Heitke. Mayor Bergeson noted that the purpose of this special meeting is to continue review of the Draft 2030 Comprehensive Plan (the Plan). He also noted that Community Development Director Grochala was directed to meet with the Metropolitan Council and put some numbers together for the council to review. The council would like to see where there are differences and how far they run. 23 Community Development Director Grochala reported that staff did meet with the 24 Metropolitan Council staff the previous week. Regarding density, three units an acre is 25 not negotiable (they would like to see it even higher but will not go down on the number) 26 so staff is working on how those numbers can be calculated appropriately; they are not 27 including in calculations some areas that are to remain nnsewered. The end result of all 28 the calculations will be meeting the requirement (3.0) but there will be some recalculation 29 and rebuilding of equations involved. Staff is attempting to have maps indicating that 30 level available for the upcoming joint meeting with the Comprehensive Plan Advisory 31 Panel scheduled for January 21, 2009. Regarding the use of a density bonus element, 32 staff still intends to incorporate something into the ordinances. There is a list of elements 33 that would be included such as more open space or green building but the city should 34 attempt o keep as many things in the toolbox as an ordinance is put together. 35 Responding to a question about pace, staff pointed to the five year phasing plan that 36 includes a thorough review. Much control lies in phasing. 37 Staff will continue to update the Plan according to council direction. Community 38 Development Grochala noted that comments are coming in from other jurisdictions that 39 have reviewed the Plan. There have been some requests for changes in the Plan received 40 (individual property owners, etc) and staff intends to present those to the council. A 41 council member suggested that there should be a public hearing at the end of the review 42 process since the Plan has changed. CITY COUNCIL SPECIAL WORK SESSION January 12, 2009 DRAFT 43 The next discussion will occur on January 21, 2009 as a joint meeting with the 44 Comprehensive Plan Advisory Panel. 45 The meeting was adjourned at 7:45 p.m. 46 47 These minutes were considered, corrected and approved at the regular Council meeting held on 48 February 9, 2009. 49 50 51 52 53 Julianne Bartell, City Clerk John Bergeson, Mayor 2 • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 'ID Julie Bartell, City Clerk February 9, 2009 Consider Approving Application for Exempt Permit from Lawful Gambling License (Raffle), for Lino Lakes Elementary School Simple Majority (3/5 Vote) The Lino Lakes Elementary School Parent Teacher Organization (PTO) has applied for an exempt permit to conduct a basket raffle as part of their school carnival event. The event is scheduled for March 21, 2009. Non - profit organizations are allowed, under the State Gambling Statutes, to apply for an exemption from a gambling license if they conduct five (5) or fewer gambling occasions per calendar year. Lino Lakes Elementary PTO has indicated that they will conduct five (5) or Tess events this year and, therefore, remains exempt from requiring a gambling license. Minnesota Statutes, Chapter 349, Section 349.166, Subd. 2 does, however, require that the non - profit organizations applying for the exempt permit notify the city that they are applying for the exemption and receive local approval. The city is allowed to request a 30 day waiting period as part of its approval. However, given the schedule for this event and the requirement to forward the permit to the state for review, staff requests that the council approve the request with no waiting period. The application and background check information is on file in City Clerk's office. OPTIONS: 1. Adopt a motion approving the application for exemption with no waiting period 2. Deny the application for exemption. RECOMMENDATION: Option No. 1 • • • AGENDA ITEM 3A STAFF ORIGINATOR: Daniel Tesch, Director of Administration MEETING DATE: February 9, 2009 TOPIC: Resignation VOTE REQUIRED: 3/5 BACKGROUND City Administrator Gordon Heitke has submitted his notice of resignation, effective the end of business hours on March 13, 2009. We wish Mr. Heitke continued success in his career. REQUESTED ACTION Accept the resignation of City Administrator Heitke. • • AGENDA ITEM 6 A STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: February 9, 2009 TOPIC: First Reading Ordinance No. 02 -09: Amending Subdivision Ordinance for Housekeeping and Consistency with City Code ACTION: 3/5 vote (roll call) BACKGROUND The existing subdivision ordinance was adopted in 2003. The 2003 ordinance was almost a complete rewrite of the previous one, which had been in effect since 1993 with few amendments. The 2003 ordinance has served us fairly well, but we have learned that some provisions needed clarification or correction. First, there are housekeeping issues that commonly arise in any type of regulations. Second, state statutes and city procedures have evolved and the regulations need to reflect these changes. The third reason for considering these amendments now is that the City has undertaken the monumental administrative tack of codifying all of its ordinances into the City Code using one consistent format The City Clerk has been working on this for two years or more. The City is working with a consulting firm on the codification project. The consultant converted all the ordinances into a consistent format The subdivision regulations will become Chapter 1001 of the City Code. As long as we are doing this, it's an appropriate time for housekeeping, corrections, and upclates. The ordinance with proposed amendments is attached. Proposed text additions are underlined, deletions are shown in strikeetft. The formatting changes, such as changes in numbering of sections, are not indicated because that would result in a visually distracting document However, citations of other sections are noted. There will be another round of amendments in the foreseeable future after the comprehensive plan is adopted. Staff believes it is most efficient to make these currently proposed, relatively straightforward amendments now. The potentially more extensive revisions in the future may involve significant policy issues in a new comprehensive plan — issues that are not yet decided. The zoning ordinance also will need substantive revisions in the near future to implement a new comprehensive plan. The zoning ordinance is a very large document and amendments will require a series of meetings. PLANNING & ZONING BOARD The Planning & Zoning Board held a public hearing on these ordinance amendments on January 14, 2009. The P & Z Board recommended approvaL —20— OPTIONS 1. Approve the first reading of Ordinance No. 02-09 amending the subdivision ordinance 2. Return to staff with direction. RECOMMENDATION Option 1. Staff recommends foregoing the reading of the entire ordinance. • • • • Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 02-09 AN ORDINANCE AMENDING THE SUBDIVISION AND PLATTING ORDINANCE WHEREAS, the Lino Lakes City Council makes the following findings: 1. The existing subdivision and platting ordinance, Ordinance No. 04-03, was adopted in 2003. 2. State statutes and city procedures have evolved and the ordinance needs to reflect these changes. In addition, housekeeping issues commonly arise in any type of ordinance. 3. The City has undertaken codifying all of its ordinances into the City Code using one consistent format, a format that differs from that of the existing ordinance. NOW, THEREFORE, the City Council hereby ordains that Ordinance No. 04-03 is amended as shown in ATTACHMENT A. Attest Julianne Bartell, City Clerk John Bergeson, Mayor Adopted by the Lino Lakes City Council this .....- .- 2009. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof. The following voted against same: Whereupon said ordinance was declared duty passed and adopted. _22_ • 1 ATTACHMENT A, ORDINANCE NO. 02-09 CHAPTER 1001: SUBDIVISION REGULATIONS DRAFT JANUARY 26, 2009 Table of Contents 1001 1 Title 1001.1 1001 2 Purpose 1001.1 1001 3 Jurisdiction 1001.1 1001 4 Platting Authority 1001.1 1001 5 Policy 1001.1 1001 6 Application of Rules 1001.2 1001 7 Definitions 1001.3 1002 1 Compliance With Comprehensive Plan, Zoning Ordinance, and Official Map 1002.1 1002 2 Fees 1002.1 1002 3 Restrictions on Filing and Recording Conveyance 1002.1 1002 4 Building Permits 1002.2 1002 5 Variances 1002.2 1002 6 Premature Subdivisions 1002.2 1002 7 MUSA Allocation 1002.5 Section 1003: CONCEPT PLAN 1003 1 Information Required for Concept Plan 1003.1 1003 2 Filing and Review of Application 1003/1 1003 3 Determination of Requirement for Environmental Review Documents 1003.5 1004 1 Information Required for Preliminary Plat 1004.1 1001 2 Filing and Review of Application 1001.9 Section 1005: FINAL PLAT 1005 1 Filing and Requirements for Application 1005.1 1005 2 Review, Approval, or Denial 1005.5 • 1005 3 Form and Content 1005.6 1005 1 Recording 1005.6 1005 5 Record Plans 1005.6 DRAFT JANUARY 26, 2009 2 1006 1 Application 1006.1 1006 2 Qualification 1006.1 1006 3 Filing and Review of Application 1006.1 1006 4 Procedure 1006.3 1006 5 Recording 1006 I- 1007 1 Conformity with the Comprehensive Plan and Zoning Ordinance ..... 1007 2 Land Requirements 1007 3 Blocks 1007 1 Lots 1007 5 Conservation Subdivision Design 1007 6 Streets and Alleys 1007 7 Easements 1007 8 Storm Water Management and Erosion and Sediment Control 1007 9 Public Utilities 1007.1 1007.1 1007.1 1007.1 1007.1 1007.7 1007.8 1007.9 1007.9 1008 1 Property Dedication 1008.1 1009 1 Tree Preservation by Subdividers 1009.1 1009 2 Tree Replacement 1009.1 1010 1 Required Public Improvements 1010.1 1010 2 Subdivision Monuments 1010.1 1010 3 Required Private Improvements 1010.2 1010 4 Improvement Financing 1010.3 1010 5 Utility Area and Unit Charges 1010.3 1010 6 Development Agreement 1010.3 1010 7 Construction Plans 1010.5 1010 8 Maintenance of Improvements 1010.5 W W V W 1011 1 Escrow Deposit 1011.2 1011 2 Letter of Credit . 1011.2 1011 3 Rel-ase of Financial Security 1011.3 ..k - 1 • 1012 1 Violations 1012.1 1012 2 Penalties 1012.1 1012 3 Application to City Personnel . 1012.1 DRAFT JANUARY 26, 2009 • • • • 1012 1 Injunction 1012.1 Section 1013: SEVERABILITY, SUPREMACY 10131 Severability . 1013.1 1013 2 Supremacy 1013.1 Section 1014: EFFECTIVE DATE 1011.1 Section General Provisions 1001.001 Title 1001.002 Purpose 1001.003 Jurisdiction 1001.004 Platting authority 1001.005 Policy 1001.006 Application of rules 1001.007 Definitions • 1001.008 Compliance with Comprehensive Plan, Zoning Code, and official map 1001.009 Fees 1001.010 Restrictions on filing and recording conveyance 1001.011 Building permits 1001.012 Variances 1001.013 Premature subdivision 1001.014 MUSA allocation Concept Plan 1001.025 General 1001.026 Information required for concept plan 1001.027 Filing and review of application 1001.028 Determination of requirement for environmental review documents Preliminary Plat 1001.040 General 1001.041 Information required for preliminary plat 1001.042 Filing and review of application Final Plat 1001.055 Filing and requirements for application 1001.056 Information required for final plat 3 DRAFT JANUARY 26, 2009 4 1001.057 Review, approval, or denial 1001.058 Form and content 1001.059 Recording 1001.060 Record plans Minor Subdivision 1001.075 Application 1001.076 Qualification 1001.077 Filing and review of application 1001.078 Information requirements 1001.079 Procedure 1001.080 Recording 1001.081 Reports to City Council Design Standards 1001.095 Conformity with the Comprehensive Plan and Zoning Code 1001.096 Land requirements 1001.097 Blocks 1001.098 Lots 1001.099 Conservation subdivision design 1001.100 Streets and alleys 1001.101 Easements 1001.102 Storm water management and erosion and sediment control 1001.103 Public utilities 1001.115 Property dedication Public Land Dedication Tree Preservation 1001.125 General 1001.126 Tree preservation by subdividers 1001.127 Tree replacement 1001.140 1001.141 1001.142 1001.143 1001.144 1001.145 Improvements Required public improvements Subdivision monuments Required private improvements Improvement financing Utility area and unit charges Development agreement DRAFT JANUARY 26, 2009 • • • • • • 1001.146 Construction plans 1001.147 Maintenance of improvements 1001.148 Financial security 1001.149 Enforcement 1001.150 Application to city personnel 1001.151 Injunction 1001.152 Severability and supremacy 5 DRAFT JANUARY 26, 2009 6 GENERAL PROVISIONS § 1001.001 TITLE. This chapter shall be known as the Lino Lakes Subdivision Chapter and will be referred to herein as this chapter. (Ord. 04 -03, passed 2 -24 -2003) § 1001.002 PURPOSE. The Council, being aware of the responsibility which they have for the adoption of ordinances, rules and regulations designed for the protection of health, safety and general welfare of this community, deem it necessary to provide regulations for platting and subdividing of property within the city which will prevent, as far as possible, the uses of land which are not feasible, the location of streets where the location does not fit the overall pattern of the city, the general design of the proposed building lots in any platted area which might prevent compliance with the Building Code, Zoning Chapter, or other regulations of the city in the future, and to make all subdivisions of property conform as nearly as possible with a future overall plan, does hereby order that all subdivisions hereafter planned within the limits of the city shall, in all respects, fully comply with the regulations hereinafter set forth. (Ord. 04 -03, passed 2 -24 -2003) § 1001.003 JURISDICTION. The provisions of this chapter shall apply to all lands within the incorporated boundaries of Lino Lakes. (Ord. 04 -03, passed 2 -24 -2003) § 1001.004 PLATTING AUTHORITY. (1) The Lino Lakes City Council shall serve as the platting authority of the city in accordance with 1 M.S. Ch. 462.358, as it may be amended from time to time. (2) No plat or replat shall be filed or accepted for filing by the office of the Anoka county recorder or Registrar of Titles unless adopted by the affirmative vote of the majority of the members of the City Council approving the plat or replat. (Ord. 04 -03, passed 2 -24 -2003) § 1001.005 POLICY. DRAFT JANUARY 26, 2009 • • • • • • 7 (1) It is declared to be the policy of the city to consider the subdivision of land and the subsequent development of the plat as subject to the control of the city pursuant to the Lino Lakes Comprehensive Plan for the orderly, planned, efficient, and economical development of the city. (2) Land to be subdivided shall be of the character that it can be used safely for building purposes without danger to health from fire, flood, or other menace. Land shall not be subdivided unless proper provisions have been made for drainage, stormwater management, wetland protection, potable water, domestic waste water, streets, and capital improvements such as parks, recreation facilities, transportation facilities, stormwater improvements, and any other necessary improvements. (3) The existing and proposed public improvements shall conform to and be properly related to the Comprehensive Plan, transportation plan, local water management plan, and the capital improvement plan of the city. (4) The provisions of this chapter are in addition to and not in replacement of provisions of all building codes and the zoning regulations. Any provision of the Building Code and zoning regulations shall remain in full force and effect except as may be contradictory to the provisions hereof. Where any provision conflicts with other provision, the most restrictive provision shall be applied. (Ord. 04 -03, passed 2 -24 -2003) § 1001.006 APPLICATION OF RULES. The language contained in this chapter shall be interpreted in accordance with the following rules of construction as applicable: (1) The singular includes the plural and the plural the singular; (2) The present includes the past and future tenses, and the future tense includes the present tense; (3) The words SHALL and MUST are mandatory while the word MAY is permissive; (4) The masculine gender includes the feminine and neuter genders; (5) Whenever a word or term defined hereinafter appears in this chapter, its meaning shall be construed as set forth in the definition; (6) In the event of conflicting provisions, the more restrictive shall apply; and (7) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirement for the promotion of health, safety, and welfare. (Ord. 04 -03, passed 2 -24 -2003) § 1001.007 DEFINITIONS. DRAFT JANUARY 26, 2009 8 For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALLEY. A public right -of -way which affords a secondary means of access to abutting property. APPLICANT. The person(s) whose name(s) are on an application as owner, their agent or person having legal control, ownership and/or interest in land for which the provisions of this chapter are being considered or reviewed. BEST MANAGEMENT PRACTICES (BMPs). Best management practices as described in current Minnesota Pollution Control Agency's manual and other sources as approved by the city. BLOCK. An area of land within a subdivision which is entirely bounded by streets or by a combination of streets, railroad right -of -way, or public parks, the exterior boundary or boundaries of the subdivision, or the shoreline of the above with a lake, stream, or river. BOULEVARD. That portion of the street right -of -way between the curb line or edge of pavement and the property line. BOUNDARY LINES. Lines indicating the bounds or limits of any tract or parcel of land. BUFFER YARD. A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts. BUILD OUT PLAN (GHOST PLAT). A subdivision or resubdivision concept plan illustrating possible future lot layout, street networks, and utility systems for oversized lots, outlots, or undeveloped land within or adjoining a preliminary plat. BUILDABLE LAND. Contiguous land area occurring within the property lines of a parcel of lot excluding wetlands and/or water courses. BUILDING LINE. Also referred to as a setback line, the line beyond which property owners or others have no legal or vested right to extend a building or any part thereof without special permission and approval of the proper authorities. CAPITAL IMPROVEMENT PLAN. An itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, together with their estimated cost, the justification for each improvement, the impact that the improvements will have on the current operating expense of the government, and other information on capital improvements as may be pertinent. CERTIFICATE OF SURVEY. A land survey prepared by a land surveyor registered in the State of Minnesota with a certification that the information on the land survey is accurate. DRAFT JANUARY 26, 2009 • • • 9 COMMON OPEN SPACE. Any open space, including parks, nature areas, playgrounds, trails, and recreational buildings and structures owned in common by a group of property owners. lot. COMMUNITY WATER AND SEWER SYSTEMS. Utility systems serving more than 1 building or COMPREHENSIVE PLAN. The Lino Lakes Comprehensive Plan. CONDOMINIUM. Multiple family dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota Condominium Law, Minnesota Statutes sections M.S. §§ 515.01 through 515.29, as they may be amended from time to time. CONSERVATION DEVELOPMENT. The development pattern and technique whereby lots are arranged in closely related groups to preserve the natural amenities of the land through the creation of common open space. CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points of equal elevations. Contour interval is the vertical height between contour lines. CRITICAL ROOT ZONE (CRZ). An imaginary circle surrounding the tree trunk with a radius distance of 1 foot per 1 inch of tree diameter; for example, a 20 inch diameter tree has a CRZ with a radius of 20 feet. CUL-DE-SAC. See STREET. DESIGN STANDARDS. The specifications for the preparation of concept plans, preliminary plats, and final plats indicating, among other things, the optimum minimum or maximum dimensions of the features as rights -of -way and blocks, as set forth in this chapter. DEVELOPER. A person who submits an application for the purpose of land subdivision as defined herein. The DEVELOPER may be the owner or authorized agent of the owner of the land to be subdivided. DIAMETER AT BREAST HEIGHT. The diameter of a tree measured at diameter breast height (4.5 feet from the uphill side of the existing ground level). If a tree splits into multiple trunks below 4.5 feet, then the trunk is measured at its narrowest point beneath the split. DRIP LINE. The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree or 1 foot per 1 inch of diameter, whichever is greater. EASEMENT. A grant by a property owner for the use of a strip of land by the general public, a corporation, or a certain person or persons, for a specific purpose or purposes. ESCROW. The deposition of funds in an account maintained by the governmental unit specifically for the purpose of ensuring fulfillment of certain obligations pursuant to this chapter. DRAFT JANUARY 26, 2009 10 FILTER STRIP. A linear strip of land along a lake, wetland, river, creek, or stormwater ponding area where vegetation is established and maintained as a means to slow the velocity of stormwater drainage and to filter sediment and pollutants from the stormwater. FINANCIAL GUARANTEE. A financial security consistent with ,S 1001.148 Section 1011 of this Ordinance, posted with the city with the approval of a final plat, guaranteeing compliance with the approved fmal plat, construction plans, and conditions of approval set forth by the city. FRONTAGE. See LOT, FRONTAGE. GRADE, PERCENTAGE OF. The rise or fall of a street in feet and tenths of a foot for each 100 feet of horizontal distance measured at the center line of the street. HIGH WATER LEVEL. The water level in a watercourse which could be predicted to occur as a result of the critical 100 -year runoff event using U.S. Department of Agriculture Soil Conservation Service methodology, as approved by the city. IMPROVEMENT, PUBLIC. Any drainage facility, street, parkway, park, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which city responsibility is established. LAND DISTURBANCE. Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the natural character of the land occurs as a result of the site preparation, grading, building construction, or any other construction activity. LOT or LOT OF RECORD. A contiguous parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, that has 1 legal description and parcel identification number recorded with the Anoka County Property Records Department. Also referred to as a PARCEL. LOT AREA. The total area within the lot lines of a lot measured in a horizontal plan. LOT, BASE. Lots meeting all the specifications in the zoning district prior to being subdivided into a 2- family dwelling or townhome subdivision. LOT, CORNER. A lot situated at the junction of and abutting on 2 or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less. LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line measured from a 90 degree angle from the street right -of -way within the lot boundaries. LOT, DOUBLE FRONTAGE. A lot which has a pair of opposite lot lines abutting 2 substantially parallel streets and which is not a corner lot. DRAFT JANUARY 26, 2009 • 11 LOT, FLAG. A lot that has access to a public street via a narrow strip but does not have the full required frontage on a public street. LOT FRONTAGE. The narrowest lot boundary abutting a public street that meets minimum lot width requirements. If none of the boundaries abutting a public street meet minimum lot width requirements, then the lot frontage is the widest boundary abutting a street. LOT, INTERIOR. A lot, other than corner lot, including through lots. LOT LINE. A property boundary line of any lot held in single or separate ownership except that where any position of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right -of -way. LOT LINE, FRONT. The lot line separating a lot from the street right -of -way along the lot frontage. LOT LINE, REAR. The lot line opposite and most distant from the lot frontage which connects the side lot lines. For the purposes of this chapter, the REAR LOT LINE of a triangular lot shall be a line entirely within the lot at least 10 feet long and parallel to and most distance point from the front lot line. If the front lot line on a lot is curved, the rear lot line shall be parallel to a line tangent to the front lot line. LOT LINE, SIDE. Lot lines extending away from the lot frontage, which connects the front and rear • lot lines. • LOT, THROUGH. A lot fronting on 2 parallel streets. LOT, TRIANGULAR. A lot in which the side lot lines converge into a single vertex. The vertex shall be deemed to be the rear lot line. LOT, UNIT. Lots created from the subdivisions of a 2- family dwelling or townhome having different minimum lot size requirements than the conventional base lots within the zoning district. LOT WIDTH. The horizontal distance between the side lot line of a lot measured at the front building setback line and parallel to the front lot line. If the front lot line is curved, such as on a cul -de -sac, the lot width is measured along a line parallel to a tangent to the front lot line. METES AND BOUNDS. A method of property description by means of their direction and distance from an identifiable point of beginning. MINOR SUBDIVISION. A subdivision which results in 3 or fewer residential unsewered parcels, tracts, or lots from 1 or 2 existing parcels, tracts, or lots; or the exchange of abutting land between owners through the relocation of the boundary line between two abutting, existing parcels of property which does not result in the creation of any new lot. NORMAL WATER LEVEL. A level of water in a watercourse when the watercourse is not in the process of receiving or discharging storm water runoff. The NORMAL WATER LEVEL will typically be the outlet elevation of a pond, lake, or other standing water body. DRAFT JANUARY 26, 2009 12 ORDINARY HIGH WATER LEVEL (OHWL). The boundary of public waters and wetlands as determined by the Minnesota Department of Natural Resources: an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. OUTLOT. A parcel of land shown on a subdivision plat as an outlot, and designated alphanumerically (for example - Outlot A.) OUTLOTS are used to designate 1 of the following: land that is part of the subdivision but is to be subdivided into lots and blocks at a later date; land that is to be used for a specific purpose as designated in a developer's agreement or other agreement between the city and the developer. OWNER. Any individual, firm, association, partnership, corporation, trust or any other legal entity having proprietary interest in the land. PEDESTRIAN AND/OR BICYCLE TRAIL. An easement or land dedication given to the city for the purpose of providing walking and/or bicycling areas to city residents. The trails shall provide recreational opportunity and also access to parks, natural areas, and public land in accordance with the city's adopted trail plan. PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statute M.S. § 505, as may be amended from time to time. PLAT, FINAL. The final map or drawings and accompanying material described in §§ 1001.055 et seq. Section 1005 of this Ordinance on which the developer's plan or subdivision is presented to the City Council for approval and which, if approved, will be submitted to the office of the city recorder or Registrar of Titles for filing. PLAT, PRELIMINARY. The preliminary map or drawings and accompanying material described in 1001.040 et seq. Section 1004 of this Ordinance indicating the proposed layout of the subdivision to be submitted to the city for their consideration for compliance with the Comprehensive Plan, the Zoning Chapter, and these regulations along with required supporting data. PROTECTIVE COVENANT. A restriction of the use placed upon the property by a present or former owner and recorded in the office of the city recorder or the Registrar of Titles. The city will not be responsible to enforce private protective covenants. REGISTERED LAND SURVEY. A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of registered land survey number. REGISTERED LAND SURVEYOR. A land surveyor licensed and registered in the state. RESUBDIVISION. A change in an approved or recorded subdivision plat if the change affects any street layout on the map or area reserved for public use, or any lot line or if it affects any map, or plan legally recorded prior to the adoption of any regulations controlling subdivisions. DRAFT JANUARY 26, 2009 • • • 1 • 13 RIGHT -OF -WAY. A strip of land occupied or intended to be occupied by a street, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term RIGHT -OF -WAY for land platting purposes shall mean that every RIGHT- OF- WA Yhereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining the RIGHT -OF -WAY and not included within the dimensions or areas of the lots or parcels. RIGHT -OF -WAY intended for streets, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the recording of the plat on which the RIGHT -OF -WAY is established. ROAD RIGHT -OF -WAY WIDTH. The horizontal distance between the outside edges of a road right -of -way. SETBACK. The minimum horizontal distance between a structure, individual sewage treatment system, or other facility, and an ordinary high water level, sewage treatment system, top of bluff, road, highway, property line, or other facility. SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond or flowage and 300 feet from a river or stream or the landward extent of a flood plain designated in Chapter 1102 on a river or stream, whichever is greater. The limits of SHORELAND may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of Natural Resources. SIGNIFICANT TREE. See definition of TREE. SPECIMEN TREE. See definition of TREE. STREET. A right -of -way affording access by pedestrians and vehicles, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, court, way, trail or however otherwise designated. Private ingress and egress easements shall not be considered STREETS. STREET, IMPROVED. A street that is paved according to city standards. STREET, CUL DE SAC. A local street, 1 end of which is closed and consists of a circular turn around. STREET PAVEMENT WIDTH. The width of the improved surface of the street as measured at right angles or radially to the centerline of the street from curb face to curb face, or on a street without curbs from the outside edge of the improved shoulder to outside edge of improved shoulder. SUBDIVISION. The creation of 1 or more lots under the provisions of this chapter or any division of an existing lot. TREE. Any of the following type of trees, as each is defined herein: DRAFT JANUARY 26, 2009 14 (a) CONIFEROUS TREE. A woody plant which, at maturity, is at least 12 feet or more in height, having foliage on the outermost portion of the branches year round. (b) DECIDUOUS TREE. A woody plant which, at maturity, is at least 15 feet or more in height, having a defined crown, and which sheds leaves annually. (c) SIGNIFICANT TREE. A healthy tree measuring a minimum of 6 inches in diameter for deciduous trees, or a minimum of 12 feet in height for coniferous trees. (d) SIGNIFICANT TREE STAND. A grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees 6 inches or larger in diameter or coniferous trees 12 feet or higher in height. (e) SPECIMEN TREE. A healthy hardwood tree measuring equal to or greater than 30 inches in diameter and/or a coniferous tree measuring 50 feet or greater in height. TREE CERTIFICATION. A certified inventory of trees on the site after work is complete listing all trees and their final disposition, which is signed by a licensed forester or landscape architect. TREE PRESERVATION PLAN. A plan and inventory certified by a forester or landscape architect indicating all of the significant trees and their locations in the proposed development or on the lot. The TREE PRESERVATION PLANshall include the size, species, tag numbers, and location of all significant trees proposed to be saved and removed on the area of development and the measures proposed to protect the significant trees to be saved. WATERCOURSES. Any natural or man-made passageway on the surface of the earth so situated and having a topographical nature that surface water stands or flows through it from other areas. The term includes ponding areas, drainage channels, sales, waterways, creeks, rivers, lakes, streams, wetland areas, and any other open surface water flow which is the result of storm water or ground water discharge. This term does not include man-made piping systems commonly referred to as storm sewers. ZONING CHAPTER. The Lino Lakes Zoning Chapter, as may be amended, regulating the use of land within the incorporated boundaries of Lino Lakes. (Ord. 04 -03, passed 2 -24 -2003) § 1001.008 COMPLIANCE WITH COMPREHENSIVE PLAN, ZONING CHAPTER, AND OFFICIAL MAP. No subdivision of land shall conflict with the provisions of the Comprehensive Plan, Zoning Chapter, or official maps. (Ord. 04 -03, passed 2 -24 -2003) § 1001.009 FEES. DRAFT JANUARY 26, 2009 • • • • 15 The fees for all applications and for all permits shall be established by the City Council by special ordinance. The acceptance of all applications, issuance of permits, or recording of any plat shall not occur until a complete application has been filed and the appropriate fees have been paid. (Ord. 04 -03, passed 2 -24 -2003) § 1001.010 RESTRICTIONS ON FILING AND RECORDING CONVEYANCE. (1) No conveyance of land within the city shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after the regulations become effective. The foregoing provision does not apply to a conveyance if the land described: (a) Was a separate parcel of record April 1, 1945, or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later, or of the adoption of subdivision regulations pursuant to a home rule charter; 110 1966; • (b) Was the subject of a written agreement to convey entered into prior to that time; (c) Was a separate parcel of not less than 2.5 acres in area and 150 feet in width on January 1, (d) Was a separate parcel of not less than 5 acres in area and 300 feet in width on July 1, 1980; (e) Is a single parcel of commercial or industrial land of not less than 5 acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into 2 or more lots or parcels, any one of which is less than 5 acres in area or 300 feet in width; (f) Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into 2 or more lots, any 1 of which is less than 20 acres or 500 feet in width; or (g) A minor subdivision as allowed by the terms of this chapter. (2) In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the Council may waive the compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this chapter shall forfeit and pay to the city a penalty of not less than $100 for each lot or parcel so conveyed. The city may enjoin the conveyance or may recover the penalty by a civil action in any court of competent jurisdiction. (Ord. 04 -03, passed 2 -24 -2003) § 1001.011 BUILDING PERMITS. DRAFT JANUARY 26, 2009 16 No building permit shall be issued by the city with respect to any land, parcel or lot until the provisions of this chapter in regard to the subdividing of property have been met. (Ord. 04 -03, passed 2 -24 -2003) § 1001.012 VARIANCES. The City Council may approve variances from the requirements of this Subdivision Ordinance chapter in cases where an unusual hardship on the land exists. For the purposes of this chapter, an unusual hardship on the land shall be determined using the criteria and process for variances in the zoning ordinance. as may be amended. except that unusual hardship also includes but is not limited to inadequate access to direct sunlight for solar energy systems. All variance requests from these subdivision regulations shall comply § 1001.013 PREMATURE SUBDIVISION. (1) General. Any concept plan, preliminary plat, or final plat deemed premature pursuant to the following criteria shall be denied by the City Council. (2) Conditions for establishing a premature subdivision. A subdivision may be deemed premature should any of the following conditions not be met: (a) Consistency with the Comprehensive Plan. Including any of the following: 1. Land use plan; 2. Transportation plan; 3. Utility (sewer and water) plans; 4. Local water management plan; 5. Capital improvement plan; 6. Growth management policies, including MUSA allocation criteria; (b) Consistency with infill policies. A proposed urban subdivision shall meet the city's infl. policies: 1. The urban subdivision must be located within the Metropolitan Urban Service Area (MUSA) or the staged growth area as established by the city's Comprehensive Plan; 2. The cost of utilities and street extensions must be covered by 1 or more of the following: DRAFT JANUARY 26, 2009 • • • • 17 a. An immediate assessment to the proposed subdivision; b. One hundred percent of the street and utility costs are privately financed by the developer; c. The cost of regional and/or oversized trunk utility lines can be financed with available city trunk funds; d. The cost and timing of the expenditure of city funds are consistent with the city's capital improvement plan; 3. The cost, operation and maintenance of the utility system are consistent with the normal costs as projected by the water and sewer rate study; 4. The developer payments will offset additional costs of utility installation or future operation and maintenance; (c) Roads or highways to serve the subdivision. A proposed subdivision shall meet the following requirements for level of service (LOS), as defined by the Highway Capacity Manual: 40 1. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than 1 grade; 2. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C; 3. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D; 4. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better; 5. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies; 6. The traffic generated from a proposed subdivision shall not require city street improvements that are inconsistent with the Lino Lakes capital improvement plan. However, the city may, at its discretion, consider developer - financed improvements to correct any street deficiencies; S7. The LOS requirements in divisions (2)(c)1. to 4. above do not apply to the I- 35W/Lake Drive or I- 35E/Main St. interchanges. At city discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Department of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic DRAFT JANUARY 26, 2009 18 generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange; 8. The city does not relinquish any rights of local determination; (d) Water supply. A proposed subdivision shall be deemed to have an adequate water supply when: 1. The city water system has adequate wells, storage, or pipe capacity to serve the subdivision; 2. The water utility extension is consistent with the Lino Lakes water plan and offers the opportunity for water main looping to serve the urban subdivision; 3. The extension of water mains will provide adequate water pressure for personal use and fire protection; 4. The rural subdivision can demonstrate that each of the proposed lots can be provided with a potable water supply; (e) Waste disposal systems. A proposed subdivision shall be served with adequate waste disposal systems when: 1. The urban sewered subdivision is located inside the city's MUSA or is consistent with the MUSA allocation criteria; 2. The city has sufficient MUSA and pipe capacity to serve the subdivision if developed to its maximum density; 3. The subdivision will result in a sewer extension consistent with Lino Lakes sewer plan and capital improvement plan; 4. A rural subdivision can demonstrate that each lot can be served by an adequate sanitary sewer disposal system; and 5. A rural subdivision with a proposed communal sanitary sewer or water system has an effective long range management and maintenance program with proper financing. (Ord. 04 -03, passed 2 -24 -2003) § 1001.014 MUSA ALLOCATION. (1) MUSA availability and commitment. DRAFT JANUARY 26, 2009 • • • • • 19 (a) The city shall determine MUSA availability as part of the review of a submitted preliminary plat/phasing plan. (b) City approval of the plan shall constitute a commitment by the city to allocate MUSA at the time of final plat approval according to the phasing plan. (c) The criteria in this section shall be considered in the review of the preliminary plat/phasing plan. (2) MUSA allocation criteria. The following criteria shall be considered to determine if MUSA will be allocated to a preliminary plat/phasing plan: (a) A finding is made that the development of the property is not premature; (b) The existing or proposed zoning of the property is consistent with the proposed use; (c) Development of the subdivision will meet environmental design standards of the Lino Lakes Subdivision and Zoning Chapters; (d) The allocation is applied only to net buildable acreage; (e) A utility extension can be made to the subject property; (f) A roadway extension can be made to the subject property; (g) Development of the property shall not adversely affect the health, welfare, and general safety of the community; and (h) The area of the MUSA allocation is consistent with the growth management policy established by the Lino Lakes Comprehensive Plan. (Ord. 04 -03, passed 2 -24 -2003) CONCEPT PLAN § 1001.025 GENERAL. While not mandatory, it is suggested that subdividers prepare and submit a concept plan depicting the subdivision proposal for informal review prior to filing a formal application. On the basis of the concept plan, the city shall informally advise the subdivider as promptly as possible of the extent to which the proposed subdivision generally conforms to the Comprehensive Plan, to the design standards of this section chapter, and to other Gections of this chapter applicable requirements. and shall discuss possible modifications necessary to secure approval of the plan. (Ord. 04 -03, passed 2 -24 -2003) DRAFT JANUARY 26, 2009 20 § 1001.026 INFORMATION REQUIRED FOR CONCEPT PLAN. (1) General. The concept plan application shall include a fee and processing escrow and 10 sets of the required information listed below. Each set shall include: large scale copies plans and specifications, and 4- a reduced scale (11 inches by 17 inches) copy of plans and specifications, anddetailed written materials the other information listed. , plans and specifications to include the following information: (Note: efle4=Wo additional large scale copies sets of information shall be provided for each of the following, if applicable:) (a) Project is adjacent to a county road or county state aid highway (1 extra set); (b) Project is adjacent to a state highway or interstate highway (2 extra sets); and (c) Project lies within a Shoreland District (1 extra set). (2) General location and site description. (a) Name and address of developer /owner. (b) Date of plan preparation and dates of revision. (c) Scale of plan (engineering scale only — 1 inch equals 100 feet). (d) North arrow indication. (e) Legal description. (f) Property location map illustrating the site location relative to adjoining properties and streets. (g) Scaled drawing (engineering scale only) illustrating property boundaries. (h) Proof of ownership or legal interest in the property in order to make application. (i) Current and proposed land use and zoning. (j) Evaluation by the applicant that the subdivision would not be determined to be premature pursuant to the criteria outlined by the Comprehensive Plan and Subdivision Chapter. (k) Additional information as required by the Community Development Department. (3) Resource inventory. A resource inventory, mapped at a scale of no less than 1 inch to 100 feet shall include: (a) Topographic contours at 2 foot intervals showing rock slopes of more than 15 %; DRAFT JANUARY 26, 2009 21 (b) Soil type locations and identification of soil type characteristics such as hydric soils, depth to bedrock, and suitability for wastewater disposal systems, if applicable (Anoka County Soil Survey information); (c) Hydrologic characteristics, including surface water courses, flood plains, delineated wetlands, natural swales, and drainageways; (d) Site vegetation, including: 1. Cover type (pasture, woodland, and the like); 2. Woodland area boundaries; 3. Individual trees having a diameter at breast height of 18 or more inches; 4. Vegetative type descriptions (deciduous, coniferous or mixed) by plant community, relative age, and condition; (e) Current land use and land cover (cultivated areas, paved areas, and the like), all buildings and structures on the land, and all encumbrances, such as easements or covenants; (f) Transportation systems, including: 1. Adjoining streets; 2. Functional classifications; 3. Current and projected traffic volumes; 4. General conditions; (g) Visual resources (such as photographs) showing views onto the tract from surrounding roads and public areas, as well as views within the tract; (h) Cultural resources: brief description of historic character of land, buildings, and structures, historically important landscapes, and archeological features; (i) Neighborhood context: general outlines of existing neighborhoods, land uses, buildings, streets, and natural features such as water bodies or wooded areas, roads, driveways and property boundaries within 300 feet of the tract. This information shall be presented on an aerial photograph at a scale of no less than 1 inch to 200 feet; and (j) City data resources available to assist the developer with preparation of the resource inventory include: the Lino Lakes Handbook for Environmental Planning and Conservation Development, Wild and DRAFT JANUARY 26, 2009 22 Urban Interface Project, Metro Greenways Study, and/or other studies. The resource inventory and • resulting concept plan may be reviewed against the city data resources. (4) Yield plan. If the project includes a conservation subdivision or planned unit development, the applicant shall submit a yield plan showing the maximum number of dwelling units that would be permitted given the minimum lot size and lot widths for conventional subdivisions and other requirements of the Lino Lakes Zoning and Subdivision Chapters. The yield plan need not be fully engineered, however, but it shall be drawn to scale and it shall identify all the major physical features on the parcel and shall include: (a) Any required zoning changes; (b) Minimum lot areas and widths shall be shown and shall conform with the proposed zoning for the site; and (c) Lot areas shall consist of buildable land as defined by the Lino Lakes Zoning Chapter. (5) Concept subdivision plan. One or more of the subdivision sketch plans meeting the intent of this chapter and including at least the following information: (a) Open space areas indicating which areas are to be protected and defined by the purpose of the open space; (b) Boundaries of areas to be developed and proposed general street and lot layout; (c) Number and type of housing units and/or approximate size and location of commercial and industrial buildings as may be applicable; (d) Areas proposed for stormwater management; (e) Street system that interconnects neighborhoods that is consistent with the Lino Lakes transportation plan; (f) Location of utility trunks intended to serve the site; (g) In rural residential subdivisions, areas for on -site or communal sewage treatment systems must be highlighted; (h) The plans shall be drawn at a scale of 1 inch to 100 feet; and (i) Total area of delineated wetlands and uplands on site. (Ord. 04 -03, passed 2 -24 -2003) (6) Electronic copy of'all submittals. In addition to the paper copy submittals. all information shall be submitted in electronic format to allow the City to review it electronically if needed. DRAFT JANUARY 26, 2009 • • • • 23 § 1001.027 FILING AND REVIEW OF APPLICATION. (1) Pre - application meeting. APrior to submitting a concept plan application, an applicant may -shall meet with city staff to discuss athe proposed development and investigate the city requirements for pursuing a development application. The city strongly recommends that this pre - application meeting occur prior to preparing plans in order to avoid the expense of changing them after the meeting to meet requirements. (2) Neighborhood meeting. The city strongly recommends the property owner /applicant hold a neighborhood meeting for informal comment and feedback prior to submitting a formal concept plan application. (3) Submittal to Community Development Department. An application for concept plan along with the associated information and a fee and processing escrow established by the City Council shall be submitted to the Community Development Department. (4) Plan submitted to other staff. The Community Development Department shall submit copies of the concept plan and associated information to other staff, committees, consultants, or agencies as appropriate. (5) Plan submitted to City Council. The Community Development Department shall forward the concept plan submission to the city's advisory boards and City Council for their consideration at regularly scheduled meetings to solicit informal review and comment on the project's acceptability in relation to the city's Comprehensive Plan and development regulations. These meetings should be attended by the applicant. (6) City review and comments on the concept plan's relation to the Comprehensive Plan and development regulations does not grant any rights to the applicant to develop the property as depicted by the concept plan. (Ord. 04 -03, passed 2 -24 -2003) § 1001.028 DETERMINATION OF REQUIREMENT FOR ENVIRONMENTAL REVIEW DOCUMENTS. (1) The Community Development Department shall review the concept plan and shall determine if the project crosses any mandatory thresholds for requires an environmental assessment worksheet (EAW), environmental impact statement (EIS), or alternative urban area -wide review (AUAR) pursuant to Minnesota Rules. If the such environmental review documents are is required, the Community 1 Development Department shall notify the developer of the requirement. • (2) An escrow deposit as established by the City Council in addition to the standard requirements shall be submitted by the applicant to cover city costs reviewing and administering an EAW. (Ord. 04 -03, passed 2 -24 -2003) DRAFT JANUARY 26, 2009 24 PRELIMINARY PLAT § 1001.040 GENERAL. (1) After the completion of the concept plan process, if a concept plan is submitted, the owner or developer shall file with the Community Development Department an application for preliminary plat. The preliminary plat stage is the point in the process that all information pertinent to the proposed development is furnished by the developer for review by the Community Development Department, city advisory committees, and the City Council, any other applicable agencies, and the public. The information provides a basis for approval or denial of the application. The information submitted in the application shall address both existing conditions and changes that will occur during and after development. The preliminary plat is a plan of how property will be subdivided and developed. (2) Additional information or modifications may be required by the Community Development Department, city advisory committees, or City Council and additional information may be requested during the review process. In certain cases, some information required by these standards may not be appropriate or may need to be modified in order to provide an adequate basis for making a decision. (Ord. 04 -03, passed 2 -24 -2003) § 1001.041 INFORMATION REQUIRED FOR PRELIMINARY PLAT. (1) Preliminary plat information is typically furnished on plan sheets. However, some information is more appropriately submitted in other forms. The plat, and associated information, shall be submitted in a form that is legible, organized and understandable. The preliminary plat application shall consist of maps and accompanying documents and all information required by this chapter for a preliminary plat application. (2) An owner or applicant shall submit 10 large scale copies (not less than 1 inch equals 100 feet) and 1 reduced scale copy (11 inches by 17 inches) of detailed written materials, plans and specifications to include the following information: The preliminary plat application shall include the fee and processing escrow established by the City Council and 10 sets of the required information listed below. Unless noted otherwise, each set shall include: large scale plans and specifications, a reduced scale (11 inches by 17 inches) copy of plans and specifications, and the other information listed. (a) Plans shall include the following separate plan sheets: 1. Certificate of survey; DRAFT JANUARY 26, 2009 • • • • • • 25 2. Resource inventory; 3. Preliminary plat; 4. Preliminary grading, drainage and erosion control plan; 5. Preliminary utility plan; 6. Wetland mitigation plan (if determined necessary); 7. Yield plan (if determined necessary); and 8. Preliminary landscaping plan Environmental evaluations (if determined necessary); (b) NOTE: One /two additional large scale copies shall be provided for each of the following, if applicable: additional sets of information shall be provided for each of the following, if applicable: 1. Project is adjacent to a county road or county state aid highway (1 extra set); 2. Project is adjacent to a state highway or interstate highway (2 extras sets); and 3. Project lies within a Shoreland District (1 extra set). (3) Certificate of survey. PThe certificate of survey shall be prepared and signed by a licensed land surveyor and shall include identifying the following information: (a) Scale (engineering only) at not larger than 1 inch equals 100 feet; (b) North point indication; (c) Existing parcel boundaries to be platted with dimensions and area; (d) Existing legal description; (e) Easements of record; (f) Delineated wetland boundary, to include the ordinary high water level (OHWL) of any lakes or Department of Natural Resources (DNR) waters; flood plain as shown on Federal Emergency Management Agency (FEMA) FIRM map; (g) All encroachments; (h) Existing buildings, structures, and improvements within the parcel to be platted and those 100 feet outside the boundaries of the subject parcel; DRAFT JANUARY 26, 2009 26 (i) Location, widths and names of all public streets, rights -of -way or railroad rights -of -way showing type, width and condition of the improvements, if any, which pass through and/or are within 100 feet; and (j) The outside boundary of the subject property is to be clearly marked with survey monuments. (4) Resource inventory. The resource inventory shall utilize the certificate of survey as a base and shall include: (a) Topographic contours at 2 foot intervals showing rock outcrops and slopes of more than 15 %. (b) Soil type locations and identification of soil type characteristics such as hydric soils, agricultural capability, depth to bedrock, and suitability for wastewater disposal systems, if applicable (Anoka County Soil Survey information). (c) Hydrologic characteristics, including surface water courses, flood plains, delineated wetlands, natural swales, and drainageways. Ordinary high water level and 100 year storm elevations of adjoining water courses, lakes, wetlands, streams, and the like at the date of the survey and approximate high and low water elevations. (d) Tree inventory identifying vegetation of the site, according to general cover type (pasture, woodland, and the like), defining boundaries of woodland areas and individual significant trees as defined by § 1001.007 Section 1001.7 and a tree preservation plan per § 1001.125 Section 1009 of this Ordinance. Vegetative types shall be classified as generally deciduous, coniferous or mixed and described by plant community, relative age and condition. (e) Neighborhood context: general outlines of existing buildings, land use, and natural features such as waterbodies or wooded areas, roads, driveways, and property boundaries within 300 feet of the tract. This information may be presented on an aerial photograph at a scale of no less than 1 inch to 200 feet. (f) City data resources available to assist the developer with preparation of the resource inventory include the Lino Lakes Handbook for Environmental Planning and Conservation Development, Wild and Urban Interface Project, Metro Greenways Study, and/or other studies. The resource inventory and resulting concept plan may be reviewed against the city data resources. (5) Preliminary plat. The preliminary plat shall utilize the certificate of survey as a base and shall include the following information: (a) The proposed name of the plat, which name shall not duplicate the name of any plat theretofore recorded in the county. (b) Date of application, name, address, phone number and applicable license or registration number of the owner, developer, agent, applicant, engineer, surveyor, planner, attorney or other principle involved in the development of the plat. DRAFT JANUARY 26, 2009 • • • • • • 27 (c) Proof of ownership or legal interest in the property in order to make application. (dc) Existing Comprehensive Plan guiding and zoning land use designations and existing zoning within er-and abutting the proposed plat. Any zoning changes needed or reference to any zoning or similar land use actions that are pertinent to the proposed development. (ed) Total acreage of the land to be subdivided and total upland area. (€e) Boundary line survey and legal description. (gf) North arrow and graphic engineering scale of 1 inch equals 100 feet. (hg) Existing covenants, liens, or encumbrances. (Oh) Proposed lot lines, dimensions, and the gross and buildable acreage of all lots. When lots are located on a curve in a road or cul -de -sac, the lot width at the building setback line shall be shown. Proposed lot and block numbers. Gi) Building pad, minimum building setbacks shown on each lot indicating dimensions of the setbacks. Location and width of buffer yards where the subdivision adjoins a collector or arterial street. (kj) Layout of streets, showing right -of -way widths, centerline street grades and approximate radii of all curbs, proposed contours within the entire plat, and names of streets. The name of any street heretofore used in the city or its environs shall not be used, unless the proposed street is an extension of an already named street, in which event the name shall be used. (1k) Access, right -of -way widths, driveways, and street classifications shall be consistent with the Lino Lakes transportation plan. (ml)Parks, trails, or other areas intended for public use or common ownership. (n) Any additional information as requested by the Community Development Department. (em) Dates of plan preparation and revision dates. (pn) All delineated wetlands and the ordinary high water level (OHWL) of DNR protected waters. (6) Preliminary grading, drainage and erosion control plan. The developer shall submit a preliminary grading, drainage and erosion control plan utilizing a copy of the current certificate of survey as a base for the site in question, prepared by a licensed engineer. The grading plan shall be designed to avoid premature disruption of land and long term storage of excess materials. The grading plan shall depict the following information: The preliminary grading, drainage and erosion control plan shall be prepared and signed by a licensed engineer and shall utilize the certificate of survey as a base. The grading plan shall be designed to avoid premature disruption of land and long teen storage of excess materials. The grading plan shall include the following information: DRAFT JANUARY 26, 2009 28 (a) Scale (engineering only) not larger than 1 inch equals 100 feet; (b) North point indication; (c) Location of natural features, including, but not limited to, tree lines, delineated wetlands, water courses, ponds, lakes, streams, drainage channels, ordinary high water level (OHWL) and 100 year storm elevations, bluffs, steep slopes, and the like; (d) Existing contours at 2 foot intervals shown as dashed lines for the subject property and extending 100 feet beyond the outside boundary of the proposed plat; (e) Proposed grade elevations at 2 foot intervals shown as solid lines; (f) Proposed plan for surface water management, ponding, drainage and flood control, including the normal water level and high water level of all ponds and watercourses; (g) Provision for groundwater management, including sub - surface drains, disposals, ponding, and flood controls; (h) Location of all existing storm sewer facilities, including pipes, manholes, catch basins, ponds, swales and drainage channels within 100 feet of the subject property. Existing pipe sizes, grades, rim and invert elevations and normal and high water elevations must be included; (i) If the subject property is within or adjacent to a 100 year flood plain, flood elevation and locations must be shown; (j) Spot elevations at drainage break points and directional arrows indicating site, swale and lot drainage; (k) Proposed lot lines. blot and block numbers, building style, building pad location and elevations at the lowest floor and garage slab for each lot; (1) Locations, sizes, grades, rim and invert elevations of all proposed storm water facilities, including ponds, proposed to serve the subject property; (m) Phasing of grading; (n) The location and purpose of all oversize, non - typical easements; (o) All soil erosion and sediment control measures to be incorporated during and after construction must be shown. Locations and standard detail plates for each measure shall be in accordance with city standards and included on the plan; DRAFT JANUARY 26, 2009 • • • • 29 (p) All re- vegetation measures proposed for the subject property must be included on the plan, including seed and mulch types and application rates; (q) Drainage plan, including the configuration of drainage areas and a separate document with calculations for 1 year, 10 year, and 100 year storm events; (r) Layout of proposed streets showing centerline gradients, section widths, and typical cross sections; and (s) Date of plan preparation and dates of all revisions. (7) Preliminary utility plan. The developer shall submit a preliminary utility plan utilizing a copy of the current certificate of survey as a base for the site in question, prepared by a licensed engineer, depicting the following information:The preliminary utility plan shall be prepared and signed by a licensed engineer and shall utilize the certificate of survey as a base. The utility plan shall include the following information: (a) Scale (engineering only) not larger than 1 inch equals 100 feet; (b) TProposed lot lines and the location, dimensions, and purposes of all easements; •(c) Location and size of existing sanitary sewers, water mains, culverts, or other underground facilities within the subject property and to a distance of 100 feet beyond the outside boundary of the proposed plat. Data such as grades, invert elevations, and location of catch basins, manholes and hydrants shall also be shown; • (d) Location and size of proposed sanitary sewers, water mains, culverts and other stormwater facilities, or other underground facilities within the subject project and to a distance of 100 feet beyond the outside boundary of the proposed plat. Data such as grades, invert elevations, and location of catch basins, manholes, and hydrants shall also be shown; (e) Water mains shall be provided to serve the subdivision by extension of an existing municipal system wherever feasible; (f) In areas where public water supply is not available, individual wells shall be provided on each lot properly placed in relationship to the individual sewage disposal facilities on the same and adjoining lots. Well plan shall comply with the Minnesota State Well Code, as may be amended, and be submitted for city approval; (g) Municipal sanitary sewer trunk facilities, laterals and service connections shall be designed and installed in accordance with the design standards approved by the city engineer; (h) All individual sewage treatment systems shall be designed and installed in accordance with all applicable state, county, and city requirements; (i) The location of hydrants and valves for all proposed water mains; DRAFT JANUARY 26, 2009 30 (j) All other utilities shall be located and designed in accordance with the requirements of the city engineer; and (k) Date of plan preparation and dates of all revisions. (8) Yield plan. If the project includes a conservation subdivision or planned unit development, the applicant shall submit a yield plan showing the maximum number of dwelling units that would be permitted given the minimum lot size and lot widths for conventional subdivisions and other requirements of the Lino Lakes Zoning and Subdivision Chapters. The yield plan need not be engineered, however, it shall be drawn to scale and it shall identify all the major physical features on the parcel and shall include: (a) Any required zoning changes; (b) Minimum lot areas and widths shall conform with the proposed zoning for the site; and (c) Lot areas shall consist of buildable land as defined by the Lino Lakes Zoning Chapter. (9) Preliminary Landscaping Plan shall specify plant locations, varieties. and sizes and shall include: (a) Any buffer areas required by the zoning chapter including but not limited to a buffer required for residential lots along all collector and arterial roads. (b) Common spaces shall be landscaped. (c) Plantings in and/or near wetlands and ponds. Seed mix shall be included. (d) Any proposed landscaping at subdivision entrances or area identification signs. (910) Determination of requirement for environmental review documents. (a) The Community Development Department shall review the preliminary plat and shall determine if the project crosses any mandatory thresholds for an requires an environmental assessment workshop (EAW), environmental impact statement (EIS), or alternative urban area -wide review (AUAR) pursuant to Minnesota Rules. If the documents are such environmental review is required, the Community Development Department shall notify the developer of the requirement. (b) Ain addition to the standard requirements, an escrow deposit established by the City Council in addition to the standard requirements shall be submitted by the applicant to cover city costs of reviewing and administering an EAW. (1011) Additional information required. (a) Proof of ownership or legal interest in the property in order to make application. DRAFT JANUARY 26, 2009 • • • 31 (ba) Applicant's evaluation. Evaluation by the applicant that the subdivision would not be determined to be premature pursuant to the criteria outlined by the Comprehensive Plan and Subdivision Chapter. (cb) Phasing plan. All preliminary plats shall include, if applicable under the growth management policy, a phasing plan that includes: 1. A phasing plan identifying the sequence of development and approximate areas, number of lots in each phase, total area and buildable area per phase, serially numbered with a description of each phase. Information shall be provided regarding the number of dwelling units, proposed improvements, and common facilities for each. Each phase of a preliminary plat shall be consistent with growth management criteria of the city; 2. Any trail/sidewalks within the approved phase of the preliminary plat shall be constructed along with streets and utilities and shall be clearly marked on a site map which shall be an attachment to all sales agreements for individual lots; 3. A site grading plan that is coordinated with the phasing plan to avoid premature disruption of land or long term storage of excess materials. Plans for the construction of streets and facilities for sanitary sewer and water also must take into consideration the phasing plan; • 4. A development agreement that includes a financial security to ensure completion of • common facilities, trails, and landscaping shall be provided; (de) Documents outlining the content of proposed conservation easements, restrictive covenants, deed restrictions, and establishment of homeowners associations for review. Where the plat is intended to include common open spaces, these documents shall address ownership and long term maintenance of these open spaces areas; (ed) Information or easements showing how public and/or private utilities, drainage, and roads can be extended to serve adjacent property; (fe) Landscape and screening plans showing landscape plantings for street boulevards, subdivision monument signs and the location, Elevations and location of area identification signs. Any such signs must have a practical plan for long -term ownership; and maintenance responsibilities and such information shall be submitted with the application.. of the monument sign:,; (gf) Traffic study for the subdivision, including existing and projected traffic generation, distribution, capacity of existing streets, and levels of service. Projections shall include conditions both with and without the project. The analysis shall include projections for a minimum of ten years after the expected completion and build out of the proposed development.; (hg) Documentation that the applicant has submitted to the Rice Creek Watershed District or the Vadnais Lake Area Water Management Organization, as applicable, a complete application as defined by those agencies. Such documentation shall be issued by the respective a,encv ;has issued a TWAFAA DRAFT JANUARY 26, 2009 32 where applicable; .. _ (ih) For anyproject with multifamily units,E examples of housing product: illustration of building footprint, floor plans, and building elevations; (ji) Geotechnical report including Ssoil tests for areas where streets, building pads. or onsite septic systems are proposed and other soil information as requested by the city and as required by the City Code. (Three (3) copies of the geotechnical report are required plus additional copies as required for projects on county roads or highways or state highways.); (k) Three copies of a wetland replacement plan, as submitted to Rice Creek Watershed District or VLAWMOVadnais Lake Area Water Management Organization, shall be provided (if applicable); and (11) The preliminary plat submittal must include a build out plan (ghost plat) illustrating a realistic future urban lot and block layout and street system in the following situations. Development represented by this ghost plat must be consistent with the future land use as depicted in the Comprehensive Plan. 1. If the plat application includes only part of the tract owned or intended for development by the subdivider, a ghost plat for the remaining land shall be submitted. 2. If the proposed development would fully or partially isolate adjacent land so that development of the adjacent land would involve access through the proposed development, a ghost plat for the adjacent land shall be submitted to show that the proposed development will not isolate. prevent sufficient access to. or otherwise prevent development of-the adjacent land and make it undevelopable according to city standards. 3. A rural plat located in an area planned for future urbanization (public sewer and water provision). (Ord. 04 -03, passed 2 -24 -2003) (m) Storm Water Pollution Prevention Plan (SWPPP) as required by the Minnesota Pollution Control Aaencv. § 1001.042 FILING AND REVIEW OF APPLICATION. (1) Pre- Application Meeting. Prior to submitting a preliminary plat application (following a concept plan review, if one occurs), the property owner /applicant shall meet with the Community Development Department to discuss the preliminary plat application. Through this meeting, the Community Development Department may summarize the city's comments from review of the concept plan, review comments. and offer suggestions pertaining to additional information or design changes that may assist in expediting the preliminary plat review. DRAFT JANUARY 26, 2009 • • • • to 33 (2) Neighborhood Meeting. The city strongly recommends the property owner /applicant hold a neighborhood meeting for informal comment and feedback prior to preliminary plat application. (3) The person applying for preliminary plat approval shall submit to the Community Development Department a complete application and all other information required according to the deadline and meeting schedule established by the city. The application shall address the informational requirements of Section 1004 1 of this Ordinance § 1001.041 and issues identified through the concept plan review procedure. (4) A complete preliminary plat application shall include: (a) A graphic and written description of the information requirements outlined in § 1001.041 11■ (b) Council. ; and fee and processing escrow as established by the City (5) The Community Development Department, upon receipt of the application, shall notify the The preliminary plat application shall be considered to be officially submitted when the Community Development Department has received and examined the application and has determined that the application is complete. The application is complete if the fee and processing escrow and all information required by this chapter for a preliminary plat application have been submitted. The Community Development Department shall make a determination of completeness within 15 days and notify the applicant in writing if the application is incomplete. Such notice shall describe the missing information. If the application is complete. the timeline for approval in paragraph (13) begins upon the submittal of a complete application. (6) The Community Development Department shall refer copies of the preliminary plat to other staff, committees, consultants, or agencies as appropriate. At least 30 days prior to taking final action on a preliminary plat, the proposed preliminary plat must be presented to the Commissioner of Transportation for review if the plat includes or borders on a trunk highway. Within 5 days after receiving a preliminary plat that includes or borders on an existing or proposed county road. the city must submit it to the county engineer for review. The Commissioner of Transportation and the county engineer must report to the city within 30 days with any comments and recommendations they may have. No preliminary plat may be approved until these comments and recommendations are received and considered or until the 30 -day period has elapsed. Within 10 days after approval of the preliminary plat. notice must be sent to the Commissioner or the County Board explaining how the comments and recommendations have been met. (7) Upon receipt of a complete application, the Community Development Department shall prepare a report and refer the application to the city advisory committees, including but not limited to the Park Board, Environmental Board, the Planning and Zoning Board, as well as the City Council. DRAFT JANUARY 26, 2009 34 (8) The application shall be reviewed by city advisory committees. The advisory committees recommendations will be forwarded to the Planning and Zoning Board for their consideration of the application at a public hearing. (9) The Planning and Zoning Board shall hold a public hearing on the proposed preliminary plat. Notice of the public hearing shall be published in the official newspaper designated by the City Council at least 10 days prior to the hearing. The city shall mail written notification of the proposed preliminary plat to property owners located within 600 feet of the subjected site. Timing of the mailed notice shall be the same as that for the published notice. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply has been made. (10) Documentation that the Rice Creek Watershed District has issued a TWAFAA (tabled with authorization for administrative action). Documentation of VLAWMO review and approval where applicable is required prior to Planning and Zoning action._ (11) The Planning and Zoning Board shall take public testimony at their public hearing and evaluate the requested preliminary plat against the premature subdivision criteria of§ 1001.013 Section 1002 6 1 of this Ordinance, the performance standards of this chapter, the performance standards of the Lino Lakes Zoning Chapter, and other city requirements. The Planning and Zoning Board shall make findings and offer a recommendation for either preliminary plat approval or denial. The Planning and Zoning Board may offer a recommendation of approval with conditions necessary to satisfy city regulations. (11?) The Community Development Department shall prepare a staff report for the City Council which includes of the findings and recommendations of the Planning and Zoning Board. The findings may include specific conditions of approval or findings related to denial of the plat. (12) The City Council shall not approve the application if the applicant has not received and submitted to the City a preliminary approval from the Rice Creek Watershed District or the Vadnais Lake Area Water Management Organization, as applicable. (13) The City Council shall take action on the application within 120 days following delivery of an application completed in accordance with the regulations of this chapter, unless an extension is agreed to by the applicant. If it approves the preliminary plat, the City Council may impose conditions it considers necessary to protect the public health, safety, and welfare. (14) The City Council shall take action on the application which shall include findings of fact and shall be entered in the proceedings of the City Council and transmitted to the applicant in writing. The lack of a simple majority Council vote to affirmatively approve a preliminary plat shall be a denial of the requested application. DRAFT JANUARY 26, 2009 • • • • • N 35 (15) Grading of the site included in the preliminary plat may occur after approval of the preliminary plat and the approval and recording of a development agreement for the grading work, including financial securities. The grading development agreement shall comply with the requirements of § 1001.056 and § 1001.140 et seq Section 1005 1 1.6 and Section 1010. However, grading and other site work shall not commence until the issuance of a permit from the Rice Creek Watershed District or the Vadnais Lake Area Water Management Organization, as applicable. This condition shall be included in the development agreement. (Ord. 04 -03, passed 2 -24 -2003) FINAL PLAT § 1001.055 FILING AND REQUIREMENTS FOR APPLICATION. (1) Approval of a preliminary plat by the City Council is an acceptance of the general layout, as submitted, and indicates that the developer may proceed toward fmal plat approval in accordance with the City Council approval of the preliminary plat, including conditions and the city growth management standards. (2) A complete application for final plat shall be submitted no later than 1 year after the date of approval of the preliminary plat, or a time as provided in the developer's agreement. Otherwise, the preliminary plat approval shall be considered void, unless an extension is requested in writing, and for good cause, is granted by the City Council. (3) The final plat applications for subsequent phases, as described by the approved phasing plan, shall be submitted within 1 year of approval of the final plat for the previous phase. An extension may be requested in writing for City Council approval. (4) In considering time extensions for final plat submittals, the City Council shall consider the reasons for the extension. If the developer is unable to fulfill the schedule of the approved phasing plan, the City Council may consider allocating to a different development project the MUSA that was committed to the next phase of the plat. The subject plat would then wait until the following year for final plat or MUSA approval for its next phase. (5) The final plat application shall have incorporated all the conditions of City Council approval of the preliminary plat. In all other respects, the final plat shall substantially conform to the preliminary plat. It may constitute only that portion of the approved preliminary plat which the developer proposes to record and develop at that time, provided that the portion conforms with all the requirements of this chapter. (6) Approval of the engineering specifications required by this chapter pertaining to water supply, drainage, domestic wastewater, potable water, street lighting, gas and electric service, grading, roadway standards, widths, and surfacing of streets shall be completed by the Community Development Department and appropriate development contracts prepared prior to approval of the final plat by the City Council. (Ord. 04 -03, passed 2 -24 -2003) DRAFT JANUARY 26, 2009 36 (7) Final plat applications shall be accompanied by the fee and processing escrow established by the City Council. § 1001.056 INFORMATION REQUIRED FOR FINAL PLAT. (1) The final plat application shall include the fee and processing escrow established by the City Council. five (5) large scale copies of the final plat. five (5) reproducible reductions at 11 inches by 17 inches, and 1 electronic copy in a format compatible with the city's computer system, and the other information listed below. (2) The city may requirelf the preliminary plat approval included required chances to the preliminary plat. the final plat application shall include 5 large scale copies (22 inches by 34 inches) and 1 reproducible reduction at 11 inches by 17 inches and 1 electronic copy in a format compatible with the city's computer system of the preliminary plat and of supporting documents illustrating all changes and conditions that were required as part of preliminary plat approval. This revised preliminary plat will provide the historical record of the subdivision approval by which subsequent final plats shall be considered. necessary by the Community Development Department, plus 1 reproducible copy reduced to 11 inches by 17 inches. (3) One up -to -date (within 3 months) title insurance commitments for the property being subdividel as the city attorney or Community Development Department may require. (4) One copy of any title declaration, conservation easements, deed restrictions, restrictive covenants, homeowner's association documents, or common interest community documents. (5) Documents and information necessary to fulfill the conditions of approval of the preliminary plat. (6) Final plat general information: (a) Name of the subdivision; (b) Location by section, township, range, county, and state as well as descriptive boundaries of the subdivision based upon an accurate traverse, giving angular and linear dimensions; (c) Scale (engineering only) not larger than 1 inch equals 100 feet; (d) North point indication; (e) The location of monuments shall be shown and described. Monuments shall be at all property corners; DRAFT JANUARY 26, 2009 • • • 37 (f) Location and accurate dimensions of all lots, outlots, streets, and other features. Lots and blocks shall be numbered; (g) A listing of the total area of each lot measured in gross square feet per lot, net square feet per lot. area per block and total area of the plat; (h) The exact location, widths and proposed names of all proposed streets; (i) The location and width of all easements to be dedicated; (j) Land dedicated as park or trail shall be labeled park on the final plat and dedicated with the final plat; (k) Name and address of the registered surveyor of the plat with certification in the form required by Minnesota Statutes M.S. § 505.03, as may be amended from time to time; (1) Statement dedicating all easements for installation and maintenance of utilities and drainage facilities over, under, and along the areas designated as drainage and utility easements; (m) Statement dedicating all streets or other public rights -of -way to the public; (n) For all land abutting a county road. right of access shall be dedicated to the county on the final plat. A pre - existing access may be an exception if there is no alternative, practical means of providing access to the property. (no) Final grading, construction plans shall be prepared and submitted in accordance with city standards; (op) Copies of permits from Department of Natural Resources (DNR), Rice Creek Watershed District or Vadnais Lake Area Watershed Management Organization, as applicable. (RCWD/VLAWMO). Corp of Engineers, Minnesota Pollution Control Agency (MPCA) (Storm Water District Permit) and others, if applicable. The permits shall be obtained prior to city approval of the final plat; gag) Cost estimates for all improvements:Development contracts: 1. The city engineer shall have a development financial requirement worksheet prepared and attached to the development agreement;_ ?. The developer shall meet with the city staff to finalize the terms of the development contract; 3. Upon finalization of the development contract, the City Clerk shall have the final copy of the contract signed by all appropriate parties. The development contract shall be recorded against the P DRAFT JANUARY 26, 2009 38 5. Final grading and utility plans shall be approved by the city engineer and made a part of the development contract: development agreement for the grading; b. No construction/installation of sanitary sewer or water facilities or streets shall be (7) Additional final plat information: (a) Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets, easements, areas to be reserved for public use, and other important features. Lot lines to show dimensions in feet and hundredths; (b) An identification system for all lots and blocks; (c) True angles and distances to the nearest established street lines or official monuments (not less than 2), which shall be accurately described in the plat; (d) Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles; (e) Radii, internal angles, points and curvatures, and lengths of all areas; (f) Accurate location of all monuments: pipes or steel rods shall be placed at the corners of each lot; (g) Accurate outlines, legal descriptions of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision with the purposes indicated therein; (h) Certification by a registered land surveyor, to the effect that the plat represents a survey made by him or her and that monuments and markers shown thereof exist as located and that all dimensional and geodetic details are correct; (i) Notarized certification by owner, and by any mortgage holder of record, of the adoption of the plat, and the dedication of streets and other public areas; (j) Approval by signature of city and county officials concerned with the approval of the plat; (k) Form for approval of the Council as follows: Approved by the Council of the City of Lino Lakes, this day of , 20 Signed (Mayor) (City Clerk) DRAFT JANUARY 26, 2009 • • • • 39 (Ord. 04 -03, passed 2 -24 -2003) § 1001.057 REVIEW, APPROVAL, OR DENIAL. The final plat application shall be considered to be officially filed- submitted when the Community Development Department has received and examined the application and has determined that the application is complete. The application is complete if the fee and processing escrow and all information required by this chapter for a final plat application have been submitted. The Community Development Department shall make a determination of completeness within 15 days and notify the applicant in writing if the application is incomplete. Such notice shall describe the missing infoimation. If the application is complete, the timeline for approval in § 1001.057 (3)d. begins upon the submittal of a complete application. (1) The Planning and Zoning Board shall consider the final plat and the Community Development Department shall forward the Planning and Zoning Board recommendations to the City Council. The following requirements shall be met before consideration of the final plat by the Planning and Zoning Board: (a) The final plat shall substantially conform to the approved preliminary plat and phasingplan; (b) For plats that consist solely of individual single family residential lots, final plat applications for subsequent phases shall not be approved until building permits have been issued for 40% of lots in the preceding phase. This division applies only when the preceding phase consists of 40 or more lots; fc) Conditions attached to approval of the preliminary plat shall be substantially fulfilled or secured by the development agreement. as appropriate. (2) The following requirements shall be met before consideration of the fmal plat by the Planning and Zoning Board or the City Council: (a) The final plat shall substantially conform to the approved preliminary plat and phasing plan; (b) For plats that consist solely of individual single family residential lots, final plat applications for subsequent phases shall not be approved until building permits have been issued for 40% of lots in the preceding phase. This division applies only when the preceding phase consists of 40 or more lots; (c) City attorney approval of the status of title /property ownership related to the final plat; (d) Completed development contract, including all required financial securities and time frame for final plat and final grading completion; (e) Conditions attached to approval of the preliminary plat shall be fulfilled or secured by the development agreement, as appropriate; and DRAFT JANUARY 26, 2009 40 (f) All fees, charges, and escrow related to the preliminary or final plat shall be paid in full. (3) (a) —The City Council shall act on the fmal plat by metienresolution. (b4) The motion resolution shall include findings of fact supporting the approval or denial and shall be entered in the proceedings of the City Council. (e5) The lack of a simple majority Council vote to affirmatively approve the final plat shall be a denial of the requested application. (6) The City Council shall take action on the application for a final plat within 60 days following submittal of an application completed in accordance with the regulations of this chapter if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. This period may be extended if an extension is agreed to by the applicant. (1) Sanitary sewer, water, and streets shall only be installed in the area included in the approved final plat. No construction/installation of sanitary sewer or water facilities or streets shall be allowed until approval of a final plat, and approval of a development agreement for the sewer, water, and streets, and recording of the agreement. (Ord. 01 03, passed 2 21 2003) § 1001.058 FORM AND CONTENT. The final plat shall be of the form and content as prescribed in the Minnesota Land Surveyors Association Plat Manual of Minnesota Guidelines, as may be amended, and by state statute. (Ord. 04 -03, passed 2 -24 -2003) § 1001.059 RECORDING. (1) After approval of the fmal plat by the City Council, the developer shall submit 3 mylar copies of the final plat and 1 electronic copy in a format compatible with the city's computer system. (2) After approval and execution of the development contract, the contract shall be recorded. (3) The developer shall record the plat within 90 days after the date of approval, otherwise the approval of the final plat shall be considered void, unless the developer requests and receives an extension from the City Council. (Ord. 04 -03, passed 2 -24 -2003) DRAFT JANUARY 26, 2009 • • • § 1001.060 RECORD PLANS. • 41 Upon completion of construction of roads, sanitary sewer, water mains, storm sewer facilities, and grading, the developer shall submit 2 sets of record plans and 1 electronic copy in a format compatible with the city's computer system, indicating all changes in the work, including accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. (Ord. 04 -03, passed 2 -24 -2003) MINOR SUBDIVISION § 1001.075 APPLICATION. The provisions of this section shall apply only to those subdivisions classified as minor subdivisions. (Ord. 04 -03, passed 2 -24 -2003) § 1001.076 QUALIFICATION. The following may be considered criteria shall be used to determine if a subdivision is a minor subdivision. In the event circumstances warrant platting of the following minor subdivisions, the City Zoning Administrator may require the subdivision to be processed as a plat in accordance with§§ 1001.040 et seq. and §§ 1001.055 et seq Section 1004 and 1005 of this Ordinance. (1) A subdivision which results in 3 or fewer unsewered residential parcels, tracts, or lots -from 1 or 2 existing parcels, tracts or lots, within unsewered residential areas of the city is a minor subdivision. A subdivision that results in more than 3 lots from 1 or 2 existing lots shall be platted. (2) Any gsubdivision of that results in the creation of one or more sewered residential lots shall be platted in full compliance with §§ 1001.040 et seq. and §§ 1001.055 et seq. Section 1004 and 1005 of this Ordinance and therefore it is not a minor subdivision. (3) The exchange of abutting land between owners through the relocation of the boundary line between 2 abutting, existing parcels of property. which does not result in the creation of any new lot, is a minor subdivision. (4) The creation of a new nonresidential lot shall require a plat in compliance with §§ 1001.040 et seq. and §§ 1001.055 et seq. Section 1004 and 1005 of this Ordinance and therefore is not a minor subdivision. (Ord. 04 -03, passed 2 -24 -2003) DRAFT JANUARY 26, 2009 42 § 1001.077 FILING AND REVIEW OF APPLICATION. (1) Whenever any subdivision of land that qualifies as a minor subdivision as outlined in 'S 1001.076 Section 1006 2 is proposed. before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure on the proposed subdivision shall be granted, the subdividing owner or his or her authorized agent, shall file an application and secure approval of a minor subdivision. (2) The minor subdivision application shall be considered to be officially filed when the Community (Ord. 04 -03, passed 2 -24 -2003) The minor subdivision application shall be considered to be officially submitted when the Community Development Department has received and examined the application and has determined that the application is complete. The application is complete if the fee and processing escrow and all information required by this chapter for a minor subdivision application have been submitted. § 1001.078 INFORMATION REQUIREMENTS. (1) Certificate of survey prepared by a licensed land surveyor identifying the following: (a) Scale (engineering only) at not larger than 1 inch equals 100 feet; (b) Name and address, including telephone number, of legal owner and/or agent of property; (c) North point indication; (d) Boundaries, dimensions, and area of existing lots being subdivided and new lots to be created; (e) Legal descriptions of existing parcel and legal description of proposed new lots; (f) Easements of record; (g) Water courses, including delineated wetlands. If available, ordinary high water level (OHWL) of any DNR protected waters, 100 year flood elevations of all watercourses (wetlands, ponds, lakes, streams, and the like); (h) All encroachments, easements, or rights -of -way encumbering the property; (i) Existing buildings, structures, and improvements within the parcel to be platted and those 100 feet outside the boundaries of the subject parcel; (j) Locations, widths and names of all public streets, rights -of -way or railroad rights -of -way showing type, width and condition of the improvements, if any, which pass through and/or are within 100 feet; DRAFT JANUARY 26, 2009 • M • • • r 43 (k) Proposed driveway locations and locations of existing driveways on the same side of the road; (1) Location of any abandoned wells; (m) The toe and top of any bluffs present; (n) Location of a primary and an alternate site for individual sewage treatment systems for all lots, including a lot with an existing structure and sewage treatment system; (o) Additional data requirements determined appropriate by the Community Development Department; (p) Drainage and utility easements, minimum 10 feet wide, along all lot lines. These easements may be centered on a lot line shared between lots created by the minor subdivision; (q) Any required right -of -way dedication; (r) A copy of percolation tests and soil borings for all lots; and (s) Additional information determined necessary by the Community Development Department to ensure compliance with city requirements. (Ord. 04 -03, passed 2 -24 -2003) § 1001.079 PROCEDURE. (1) Prior to formal application, concept plans shall be reviewed by the Community Development Department. (2) A formal application with required fees and processing escrow established by the City Council shall be submitted to the Community Development Department. The minor subdivision application shall be considered to be officially submitted when the Community Development Department has received and examined the application and has determined that the application is complete. The application is complete if the fee and processing escrow and all information required by this chapter for a final plat application have been submitted. The Community Development Department shall make a determination of completeness within 15 days and notify the applicant in writing if the application is incomplete. Such notice shall describe the missing information. Examination for completeness must take into account that if the application is complete. the timeline for approval in paragraph (5) begins upon the submittal of a complete application. (3) The Community Development Department shall request input by the city's planning, engineering, and legal staff, as appropriate, as part of a formal review and preparation of a report. (4) The Community Development Department shall have the authority to request additional information pertinent to the administrative minor subdivision and necessary to determine compliance with DRAFT JANUARY 26, 2009 44 1 applicable requirements. Failure to provide the necessary supportive information may be grounds for denial of the request. (5) The Community Development Department shall reach a decision on the requested minor subdivision within 120 days of the submittal of a complete application, unless the applicant agrees to an extension of the review period. (a) The Community Development Director may approve the minor subdivision with conditions that must be met to ensure the minor subdivision is compliant with the regulations of the Lino Lakes Subdivision and Zoning Chapters, as may be amended, and other applicable requirements. (b) The Community Development Director shall prepare findings and deny a subdivision if the minor subdivision is found to be premature as defined by the criteria of § 1001.013 Section 1002 of this Ordinance or fails to comply with regulations of the Lino Lakes Subdivision and Zoning Chapters, as may be amended, or other applicable requirements. The findings shall be sent to the applicant along with information on the appeal /variance process. (6) The applicant may appeal a minor subdivision denial following the procedures outlined in the zoning chapter (7) Prior to certification by the city of the approval of the minor subdivision, the applicant shall supply the deed(s) granting to the city the lot line easements required in § 1001.078 Section 1006 3 1.p, above or other easements found necessary and required by the City. (Ord. 04 -03, passed 2 -24 -2003) § 1001.080 RECORDING. If the administrative minor subdivision is approved by the Community Development Department, the applicant shall record the deed, and the accompanying survey, in the Office of the Anoka County Recorder within 60 days after the date of approval, otherwise the approval of the administrative subdivision shall be considered void. (Ord. 04 -03, passed 2 -24 -2003) § 1001.081 REPORTS TO CITY COUNCIL. The Community Development Department shall provide to the City Council reports summarizing submitted minor subdivision applications and outcomes regarding approval or denial as they occur. (Ord. 04 -03, passed 2 -24 -2003) DRAFT JANUARY 26, 2009 • • • • r 45 DESIGN STANDARDS § 1001.095 CONFORMITY WITH THE COMPREHENSIVE PLAN AND ZONING CHAPTER. A proposed subdivision shall conform to the Comprehensive Plan, to related policies adopted by the city, and to the Lino Lakes Zoning Chapter, as may be amended. (Ord. 04 -03, passed 2 -24 -2003) § 1001.096 LAND REQUIREMENTS. (1) Land shall be suited to the purpose for which it is to be subdivided. No plan shall be approved if the site is not suitable for the purposes proposed by reason of potential flooding, topography, adverse soil conditions, rock formations, or wetlands. (2) Proposed subdivisions shall be coordinated with surrounding properties and/or neighborhoods so that the city as a whole may develop efficiently and harmoniously. (Ord. 04 -03, passed 2 -24 -2003) § 1001.097 BLOCKS. (1) Length. The maximum length of blocks shall be 1,500 feet and the minimum length 400 feet. Blocks over 900 feet long may require pedestrianways at least 10 feet wide at their approximate center. The use of additional pedestrianways to schools, parks, and other destinations may be required. (2) Arrangement. A block shall be so designed as to provide 2 tiers of lots unless it adjoins a major collector or an arterial street or where topographic or other conditions render the block arrangement unreasonable. (3) Block depth. The width of the block shall normally be sufficient to allow 2 tiers of lots of appropriate depth, except where topography or other conditions render the block depth unreasonable. (Ord. 04 -03, passed 2 -24 -2003) § 1001.098 LOTS. (1) Area. The minimum lot area, width and depth shall not be less than that established by the Lino Lakes Zoning Chapter in effect at the time of adoption of the final plat. Minimum lot area for urban lots shall consist of buildable land exclusive of utility transmission easements or water course easements that encumber lot development. DRAFT JANUARY 26, 2009 46 (2) Corner lots. Corner lots for residential use shall have additional width to permit appropriate building setback from both streets and a side yard buffer yard where the side yard abuts a collector or arterial street as required in the Lino Lakes Zoning Chapter. (3) Side lot lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. (4) Width. Every lot must have the minimum width measured at the minimum front yard setback and at the setback from the OHWL of an abutting lake or stream and extending to the location of the principal building. (5) Lot frontage. All lots shall have frontage on an improved public street that provides the required lot width at the minimum front yard setback, except multi - family or Planned Unit Developments that provide access via private roads or drives. Flag lots are prohibited. (6) Urban single and 2-family lot access. All new single and 2- family urban lots shall be designed to receive access from a local street. Direct lot access from an arterial or major collector street for these urban lots shall be prohibited. (7) Access points in new commercial, industrial and multiple family lots. New commercial, industrial, and multiple - family lots fronting on an arterial or major collector street shall be designed to minimize the number of direct access points through the following methods listed in preferential order. If the highest preference is not possible, the next preference shall be utilized until an access method is possible. (a) Access from a local street. (b) Frontage road serving multiple properties. (c) Frontage driveway or connected parking lot with cross easements serving multiple properties. (d) Shared driveways. (e) One driveway access, no closer than 200 feet to another driveway and that meets the city's minimum spacing standards from a street intersection. All driveways shall be reviewed for consistency with the access management guidelines of the Lino Lakes transportation plan. (8) Setback lines. Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the Lino Lakes Zoning Chapter, as may be amended. (9) Water courses. Water courses may be contained within abutting lots. Water courses shall be protected by easement that will include at a minimum a 10 foot buffer extending outward from the delineated wetland boundary or the water course ordinary high water level as defined by§ 1001.007 Section 1001.7 of this Ordinance. Lots with easements protecting water courses shall have sufficient dimensions and area outside the water course easement to meet or exceed the minimum lot area and width specified in the Zoning Chapter for the district in which the lots are located. DRAFT JANUARY 26, 2009 • • • • • 47 (10) Gradingfor drainage. Lots shall be graded so as to provide drainage away from building locations and shall conform to the approved final grading plan. Storm water drainage from an improved lot shall not be directed at an adjoining property at a rate above a predevelopment condition except where drainage is directed to a designed drainage easement. (11) Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, water courses, historic places or similar conditions which, if preserved, will add attractiveness and stability to the proposed development. (12) Frontage on 2 streets. Double frontage or lots with frontage on 2 parallel streets shall not be permitted except where lots back on major collector or arterial streets, city or state highways, or where topographic or other conditions render subdividing otherwise unreasonable. Additional lot depth and a landscaped buffer yard shall be provided where a lot backs onto a major collector or arterial street. (13) Irregular shaped lots. On single - family residential lots determined to be irregular in shape (for example, triangular), the developer shall demonstrate to the city an ability to properly place principal buildings and accessory structures upon the site which are compatible in size and character to the surrounding area. (14) Building expansion. All single family residential lots shall be designed in consideration of potentials for buildings accommodating garages, porches and decks, and the like without need for setback variance. The buildings and structures are to be compatible in size and character with the surrounding area. (15) Lot remnants /outlots. All remnants of lots below minimum lot size left over after subdividing a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. Outlots may be platted within a subdivision to delineate future development phases or commonly owned open spaces. The outlet shall be sized in a manner to accommodate its intended use. An outlot shall be platted into a lot and block prior to issuance of a building permit. No building permits shall be issued for an outlot except for open air structures allowed as a recreational component in an open space area. (Ord. 04 -03, passed 2 -24 -2003) § 1001.099 CONSERVATION SUBDIVISION DESIGN. (1) Purpose. The intention of a conservation subdivision is to compatibly integrate development with the natural features of the site to accomplish the following objectives: (a) The perpetual preservation of natural habitat areas and land forms unique to Lino Lakes; (b) The creation of open spaces for passive and active recreational uses; (c) The creation of well designed residential neighborhoods that feature common open space; and (d) The establishment of a unified landscape amenity for the enjoyment of the city residents. DRAFT JANUARY 26, 2009 48 (2) Open space classification designations. Each open space area shall be classified in 1 of the following categories: natural habitat, neighborhood recreation, or pedestrian corridor open space and shall conform to the type of use, location criteria, and deed restrictions of that classification. (a) Natural habitat. The development shall preserve the maximum quantity of natural habitat open spaces in a contiguous, connected configuration. Natural habitat open spaces may include, but are not limited to, fields, wetlands, slopes, bluffs, dense woods, water courses, lakes, ponds, streams, shorelands, and other environmentally sensitive areas or desirable viewsheds. Natural habitat open spaces may be preserved as conservation easements or outlots with shared ownership among the property owners or dedicated to a public agency. (b) Neighborhood recreation. The development shall locate neighborhood recreation open spaces so that they are an integral part of the neighborhood of surrounding homesites, at an elevation appropriate to their intended recreational use, defined by coherent boundaries, and accessible to all neighborhood residents. Neighborhood recreation open spaces may include, but are not limited to, greens, commons, playgrounds, ballfields, gardens, and the like. (c) Trail corridors. Trail corridor open spaces may include, but are not limited to, established regional trails, local pathways, or paved walkways. Public trail corridor park land dedications shall be a minimum of 20 feet in width. Private trail corridors may be established by easement or outlot under the ownership of a homeowners association. Trail corridor open space shall be used for pedestrian, bicycle, and/or equestrian travel. Motorized vehicles shall be prohibited. (d) Habitable structures. Habitable structures shall not be permitted in any of the designated open spaces. Open and recreational structures may be permitted within open spaces. (3) Ownership and management. Each designated open space designated shall be owned and managed according to the following means, subject to city approval. (a) Open space may be owned in common by the property owners created through subdivision of the original tract. Management shall be the responsibility of that subdivision' s homeowner association. In the case where at least 1 open space is held in common ownership, a homeowner association shall be established for that subdivision. Membership in the association by all property owners in the subdivision shall be mandatory. The homeowners association documents or the declaration of covenants, conditions and restrictions shall be submitted as part of the preliminary plat application and shall contain the following information: 1. The legal description of the common lands or facilities; 2. The restrictions placed upon the use and enjoyment of the lands or facilities, including the persons or entities entitled to enforce the restrictions; 3. A mechanism for resolving disputes among the owners or association members; DRAFT JANUARY 26, 2009 • • • • 49 4. A mechanism to assess and enforce the common expenses for the land or facilities, including upkeep and maintenance expenses, real estate taxes, and insurance premiums; 5. The conditions and timing of the transfer of ownership and control of land or facilities to the association or to common ownership. (b) Natural habitat. Open space may be deeded to an established land trust or non - profit organization. Management shall be the responsibility of the land trust or non -profit organization. Maintenance may be performed by the neighborhood homeowner association, through written agreement between the association and the land trust or non -profit organization. 1. Open space may be protected by establishing conservation easements in perpetuity in favor of an established land trust or non -profit organization as provided in Minnesota Statutes M.S. 84.64 through 84.65, as they may be amended from time to time. Unless the document establishing the restrictions specifically provides to the contrary, the city shall have no responsibility for the maintenance or management of the area subject to the restrictions. The form and content of the deed or other instrument establishing the restrictions must be approved by the city prior to the execution and delivery thereof. Notwithstanding any provision of this chapter to the contrary, the city may, in cases where conservation restrictions are utilized to meet open space dedication requirements of this chapter, waive the requirement that the area subject to the restrictions be platted as a separate outlot. 2. Stormwater drainage systems located within open spaces or the residential lots shall be covered by utility and drainage easements dedicated on the final plat to the city. (c) Neighborhood recreational and trail corridor. Recreational open space or trail corridors intended as public parks or public trails shall be dedicated to the city. Management and maintenance of the public recreational areas shall be the responsibility of the city. (4) Residential lot siting. (a) Residential lot areas shall consist of buildable land as defined in § 1 001.007 Section 1001.7. (b) Residential lots shall be sited in a manner that preserves existing significant tree cover on the site. (c) The lots of a neighborhood may be arranged so that a majority of the principle structures will take visual advantage of an identifiable feature, building, structure, greenway, wetland, woods, lake, stream, or other open space which could be described as a view shed. (d) The lots may be arranged that the principle structures face a local street enhanced with landscaping, street trees, boulevards, medians, or other landscaping techniques appropriate to the city's street design standards. (Ord. 04 -03, passed 2 -24 -2003) § 1001.100 STREETS AND ALLEYS. DRAFT JANUARY 26, 2009 50 (1) Streets. Design criteria for streets is located in 302.03 City Code, Section 30L. Street Construction Standards, Section 302.03, as amended. (2) Alleys. Alleys shall be allowed within the city in accordance with Chapter 302. (3) Streets, continuous. Except for cul -de -sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. (4) Street plans for future subdivisions. Where the plat application includes only part of the tract owned or intended for development by the subdivider, a build out plan (ghost plat) illustrating a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. (5) Temporary cul -de -sac. In those instances where a street is terminated pending future extension in conjunction with future subdivision and more than 200 feet between the dead -end and the nearest intersection, a temporary turn around facility shall be provided at the closed end, in conformance with cul -de -sac requirements. This temporary cul -de -sac must be placed inside a temporary roadway easement if it is located outside the street right -of -way. Financial security will be required for removal or restoration as determined by the city engineer. (6) Provisions for resubdivision of large lots and parcels. When a tract is subdivided into larger than normal building lots or parcels, the lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for the resubdivision. (7) Subdivisions abutting major rights -of -way. Wherever the proposed subdivision contains or is adjacent to the right -of -way of a U.S. or state highway, city road, local collector, or local arterial street, provision may be made for a service street approximately parallel and adjacent to the boundary of the right -of -way; provided that due consideration is given to proper circulation design, setbacks from an intersection on the major rights -of -way, or for a street at a distance suitable for the appropriate use of land between the street and right -of -way. The distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separations or for lot depths. (8) Compliance with the Lino Lakes transportation plan. All subdivisions incorporating streets which are identified in the city transportation plan, as amended, shall comply with the minimum right -of -way, surface width, and design standards as outlined in the plan and must be reviewed and approved by the city engineer. (9) Access management requirements. All subdivisions shall be reviewed for its consistency with the access management guidelines of the Lino Lakes transportation plan. (Ord. 04 -03, passed 2 -24 -2003) DRAFT JANUARY 26, 2009 • • • • 51 § 1001.101 EASEMENTS. (1) Lot lines. Drainage and utility easements at least 10 feet wide shall be provided on all lot lines (see diagram below). These easements may be centered on common rear and side lot lines. At a minimum, these easements shall be 10 feet wide along all lot lines on streets and along all boundaries with land not being developed. The easements shall have continuity of alignment from block to block. At deflection points, an easement for a pole line anchor shall be provided where necessary. street_right of way s e e 9 h 0 f w a y 10 10 10 10 5 5 5 10 10 10 10 5 5 10 5 5 10 - 10 10 street right of way 10 10 10 5 10 10 5 10 5 10 5 10 5 10 10 J,./.d.ur,w,NNJ,N w,,,, V+W N,d,,,s."NH,,,,,,,,,,,,./.J` Y /.•J.NNNNNNNNJ,e,r , e+ -V,V .e,"sIJ..!•N./. NNJ.a+✓ ,,,,,ANNNNJ .,,NNNNNNY .e^NNNNNNJ f.NNNNNNY r;7"xz:zs.:z,.:-.; undeveloped land /�..N/.NNN/•NNY .f+NJ.NNNNJ J.NJ•J^NNNJ ANN,,,,, ,/,Y /.NNN NY•J.NNJ.N NNNNNNNNNN NNNNNNN J $ t r e e t 9 h 0 w a y (2) Drainage channels. Easements shall be provided along each side of the centerline of any waterway or drainage channel. The easements shall be of a sufficient width to provide for proper maintenance and protection of the waterway or channel, stormwater runoff, and the installation and maintenance of drainage systems. The easements for drainage purposes shall not be less than 20 feet in width. (3) Utilities. Easements shall be provided for all sanitary sewer, water main, and stormwater facilities. The easements shall be of a sufficient width to provide for access, proper maintenance, and protection of the facilities. (Ord. 04 -03, passed 2 -24 -2003) DRAFT JANUARY 26, 2009 52 § 1001.102 STORM WATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL. (1) The natural drainage shall be used as far as is feasible for the storage and flow of runoff. The design of a drainage system shall conform to any overall storm water drainage plan for the area. The following requirements shall also apply: (a) Storm water drainage shall be consistent with policies and standards of the Lino Lakes local water management plan, as may be amended; (b) No existing ditch, stream, drain or drainage channel shall be deepened, widened, re- routed or filled without written permission from the city and other governmental agencies; and (c) Where drainage channels must be constructed to augment the natural drainage system, the channels, as well as the natural drainageways, may be planned as a part of a recreational trail system. When this is done, channels shall be designed to be aesthetically compatible for recreational trail use. (2) Either Rice Creek Watershed or VLAWMO shall approve all subdivision grading, drainage, and wetland mitigation plans. (Ord. 04 -03, passed 2 -24 -2003) § 1001.103 PUBLIC UTILITIES. Telephone, electric, cable, gas service lines and/or other public utilities are to be placed underground in accordance with city standards. (1) Developers shall apply for city permits to install underground utilities in public rights -of -way. (2) The city shall approve all utilities prior to installation. (3) Public utilities shall be installed in a joint trench in accordance with city standards. (4) Conduit shall be installed for all road crossings. (5) Public utility installation shall not occur until 1 week after all curb has been backfilled. (Ord. 04 -03, passed 2 -24 -2003) DRAFT JANUARY 26, 2009 • • • • • • 53 PUBLIC LAND DEDICATION § 1001.115 PROPERTY DEDICATION. (1) • • - - • - - - - - - - A reasonable portion of the-every proposed subdivision shall be dedicated to the city for public streets, roads, utility easements, water facilities, storm water drainage and holding areas or ponds and other similar utilities and improvements. (2) As a prerequisite to any subdivision approval, and at the sole determination by the city, applicants and/or developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the city's park dedication fund roughly related to the anticipated effect of the subdivision on the park and trail system. The amounts listed in this section are the city's best estimate of the dedication or cash contribution needed to offset the effect of the subdivision on the park and trail system. The requirement may also be met with a combination of land and cash if approved by the City Council. (3) Land shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location, and future park needs pursuant to the Comprehensive Plan. Wetlands, ponding areas, and drainage ways shall not be eligible for park dedication credit. Park land to be dedicated shall be above the ordinary high water level. Grades exceeding 12% or areas unsuitable for park development shall not be considered for dedication. Land with trash, junk, pollutants and/or unwanted structures is not acceptable. (4) The applicant shall confer with city staff and the Park Board at the time the preliminary plat is under consideration, to secure a recommendation as to the location of any property to be dedicated for parks and open space. The preliminary plat shall show the location and dimensions of all areas to be dedicated this manner. The contribution requirement recommendation(s) will be sent to the Planning Commission and Zoning Board for review and comment and subsequently to the City Council for their approval. (5) When a proposed park, playground, recreation area or other public ground has been indicated in the city's official map or comprehensive plan and is located in whole or in part within a proposed plat, it shall be dedicated as park to the appropriate governmental unit. For an unplatted subdivision, this public ground shall be conveyed to the appropriate governmental unit by other means as a condition of approval. If the applicant elects not to dedicate an area in excess of the land required hereunder for the proposed public site, the city may consider acquiring the excess land through purchase or condemnation. (6) Where private open space for park and recreation purposes is provided in a proposed subdivision, the areas may be used for credit, at the discretion of the City Council, against the land or cash dedication requirement for park and recreation purposes, provided the City Council finds it is in the public interest to do so and provided there is a legally enforceable mechanism in place to ensure that the private open space shall remain permanent open space. (7) The city, upon consideration of the particular type of development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In these cases, a cash DRAFT JANUARY 26, 2009 54 contribution shall be required above the land dedication to ensure that compensation is received for the full amount of the impact on the city's park and trail system. (8) In all new residential, commercial and industrial subdivisions, 10% of the area subdivided shall be dedicated for public recreation space or other public use as established by City Council resolution. A different percentage may be applied as the City Council shall determine to be reasonably necessary as a result of the subdivision approval. This 10% shall be calculated on the net area, which is the gross area of the subdivided property minus the area in wetlands. The land dedicated for public recreation shall be in addition to property dedicated for streets, alleys, easements, or other public ways. No areas may be dedicated for public use until the areas have been approved by the City Council as suitable and necessary for the health, safety, convenience and general welfare of the city. established by City Council resolution. The amount is the city's best estimate of the effect of the subdivision on the city's park system. (4-09) All land proposed for park, trail, and/or bikeway open space dedication shall be subject to the recommendations of the Park Board and approval of the City Council. (11) The city may elect at its sole discretion to receive a combination of cash, land, and development of the following: (10) The City may at its discretion choose to require a cash fee as set by ordinance in lieu of land dedication for some or all of the new lots created in the subdivision. Combined land dedication and cash in lieu of land shall be calculated as follows: (a) The total number of residential dwelling units in the development shall be multiplied by the residential per unit park dedication charge established by the City Council. The result of this calculation is equal to the cash -in -lieu total if all park dedication for the subdivision were to be cash in lieu of land. (total number of lots) x (park dedication charge) = cash -in -lieu total (b) The value of land being dedicated shall be based on the per -acre market value of the land multiplied by the number of acres being dedicated: (acres of land dedication) x (per -acre market value) = value of land dedication The market value of the land shall be based on an appraisal of fair market value of the unplatted land (for which park fees have not already been paid) no later than the time of approval of the final plat. DRAFT JANUARY 26, 2009 • • • 55 (c) The amount of cash to be contributed in combination with land is the cash -in -lieu balance, which shall be calculated with the following formula: (cash -in -lieu total) - (value of land dedication) = cash -in -lieu balance (a) At the time of subdivision, a yield plan shall be prepared demonstrating the total number of lots possible within the development (without a park). This figure shall then be multiplied by the residential equal to the total cash value of the park dedication for the subdivision. The formula is outlined as follows: 1. Buildable Acres (less wetlands, right of way, waterbodics and the like,) x Average Density — Number of Lots. 2. Number of Lots x Residential Unit Cash Charge — Total Cash Contribution for the Subdivision. (b) Land Value Determination. The value of the land dedication is determined based upon the be used: (c) To determine the combined land and cash dedication requirement. the following formula shall Total Cash Contribution for Subdivision Land Value for Park Land — Balance of Cash Contribution (1211) Planned Unit Developments with mixed land uses shall make cash and/or land contributions in accordance with this section based upon the percentage of land devoted to the various uses. (4:312) plat -Cash dedications shall be included in the development agreement and paid prior to the city's signature of and release of the final plat. For subdivisions that do not require a development agreement, the cash dedication shall be paid before the city releases the signed approval of the subdivision for recording. (-1-413) Cash contributions for parks and trails shall be deposited in either the city's park fund or multi - purpose trail fund and shall only be used for park acquisition or development, and trail acquisition or development as determined by the city. (1514) Property being replatted re subdivided with the same number of lots and same number of dwelling units shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, or if land outside of the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional lots and on the additional land being added to the plat. DRAFT JANUARY 26, 2009 56 1 (4 -615) If the applicant or developer does not believe that the estimates requirements contained in this section fairly and accurately represent the effect of the subdivision on the park or trail system of the city, the applicant or developer may request that the city prepare an in -depth study of the effect of the subdivision on the park and trail system and an estimate of that effect in money and/or land. All costs of the study shall be paid by the developer or applicant. If the developer requests the preparation of a study, no application for the development shall be deemed complete until the study has been completed and a determination is made as to the appropriate amount of land or money necessary to offset the effects of the subdivision. (Ord. 04 -03, passed 2 -24 -2003; Am. Ord. 06 -01, passed 5 -29 -2001) TREE PRESERVATION § 1001.125 GENERAL. The following process for preserving significant trees shall be required of subdividers. (Ord. 04 -03, passed 2 -24 -2003) § 1001.126 TREE PRESERVATION BY SUBDIVIDERS. (1) Subdividers shall: (a) Incorporate the preservation of trees into the overall design of the plat; (b) Prepare a tree preservation plan superimposed on the grading plan, as described below; (c) Ensure the tree preservation plan is followed during the plan development (mass grading); (d) Provide a financial guarantee as part of the development agreement to guarantee the preparation and implementation of the preservation plan and the replacement of all significant trees which were to be saved but were actually destroyed or damaged. The financial security in an amount determined by the City Council and adopted by ordinance shall be provided for: 1. Each mass graded lot with at least 1 significant tree to be saved; 2. Each custom graded lot with at least 1 significant tree on the lot; and 3. Each outlot with at least 1 significant tree; (e) Install snow fencing or polyethylene laminar safety netting at the drip line or critical root zones of trees to be saved; DRAFT JANUARY 26, 2009 1 • • • • • 57 (f) Install signage at all tree protection areas that instruct workers to stay out; (g) Install erosion control measures; (h) Keep tree protection measures in place and in good condition until all grading and construction activity is terminated; and (i) Prevent change in soil chemistry due to concrete wash out and leakage or spillage of toxic materials such as fuels or paints. (2) (a) No soil disturbance shall occur within the subdivision until the tree preservation plan is approved, financial securities have been submitted and development agreement approved, and tree protection measures are in place on site. (b) Construction staging areas and areas for the storage of equipment and stockpiling of materials shall not be within tree protection areas. (c) Fill shall not be placed against tree trunks, under the drip line, or in critical root zones of trees to be saved. (d) Pruning of oak trees shall not take place from April 1 through July 15. If wounding of oak trees occurs, a non -toxic tree wound dressing must be applied immediately. Excavators shall have a non -toxic tree wound dressing with them on the development site. (3) A tree preservation plan shall be submitted and shall consist of the following items: (a) Tree inventory, prepared by a licensed land surveyor and a forester or landscape architect, that includes the size, species, tag numbers, and locations of all significant trees, specimen trees, and significant tree stands on the entire property included in the preliminary plat; (b) Mass graded areas and proposed grades. Changes in grades should be well planned with the objective of preserving significant trees; (c) Custom graded lots; (d) All significant trees proposed to be saved and significant trees proposed to be removed in soil disturbance areas; (e) The plan shall designate tree save zones for: 1. Areas not in soil disturbance areas; 2. All specimen trees to be saved; and 3. All significant tree stands to be saved; DRAFT JANUARY 26, 2009 58 (f) Measures proposed to protect significant trees, including, but not limited to: 1. Tree removal procedures, including directional felling away from existing trees to be saved and trenching to separate root systems prior to bulldozing trees or stumps; 2. Installation of signage at all tree protection areas that instruct workers to stay out; 3. Installation of snow fencing or polyethylene laminar safety netting at the drip line or critical root zones of trees to be saved; 4. Installation of erosion control measures; 5. Designation of a construction staging area along with a designated area for the storage of equipment and stockpiling of materials that is not within tree save zones; 6. Construction access locations; 7. Overlay of the subdivision utility plan on the tree preservation plan to strategically lay out utility locations and trenches in a manner that protects trees to be saved. Individual utility stubs to home sites shall be reviewed for compliance with tree preservation plans. (4) After mass grading has been completed and streets and utilities installed, the subdivider's forester or landscape architect shall: (a) Certify in writing to the city the status of all trees indicated as trees to be saved in the approved plan; (b) Certify in writing to the city whether tree protection measures were installed; and (c) Certify the status of any remove - designated trees that were saved. (5) If a significant tree indicated to be saved on the tree preservation plan is destroyed or damaged, it shall be replaced in accordance with the tree replacement requirements of 1001.126 Section 1009 2. (6) The financial security will be released upon: (a) Certification in writing by the forester or landscape architect indicating that the tree protection measures were installed on mass graded lots and tree replacement is completed, if necessary. These must be confirmed by the city; and (b) The home builders having posted a security for the custom graded lots. (Ord. 04 -03, passed 2 -24 -2003) DRAFT JANUARY 26, 2009 • • • • § 1001.126 TREE REPLACEMENT. • • 59 (1) Subdividers and/or home builders shall be required to replace significant trees which were indicated on the tree preservation plan to be saved but ultimately were destroyed or damaged. Each significant tree that was supposed to be saved but was destroyed or damaged shall be replaced with 2 replacement trees. (2) Replacement trees shall consist of nursery stock and be no less than the following sizes: (a) Deciduous trees: No less than 2.5 inches in diameter; and (b) Coniferous trees: No less than 6 feet high; (3) Replacement trees shall be species similar to the trees which were destroyed or damaged and can include those species shown on the following table: (a) Deciduous trees: maple, oak, linden, ash, honeylocust, birch, hackberry; (b) Coniferous trees: fir, red pine, white spruce, eastern red cedar, black hills spruce, white pine, Austrian pine, northern white cedar. (4) Unacceptable trees: The following trees are unacceptable because of structural instability, susceptibility to disease, or because they are invasive species: (a) Deciduous: Norway maple, Siberian elm, silver maple, cottonwood, amur maple; (b) Coniferous: Colorado spruce. (5) Replacement trees shall not be placed on easements or street rights -of -way. Prior to planting replacement trees, the subdivider or home builder shall submit for city review and approval the locations of the replacement trees. (Ord. 04 -03, passed 2 -24 -2003) IMPROVEMENTS § 1001.140 REQUIRED PUBLIC IMPROVEMENTS. (1) No final plat shall be approved by the City Council until improvements and construction of the land, streets, and trails, together with all other necessary facilities in the plat have been designed and satisfactorily arranged in accordance with provisions of the regulations for land improvement and construction and conditions of subdivision approval. In addition to construction on land, streets, and trails, the developer, as part of the final plat, shall install and pay for light poles, fixtures and street name signs as DRAFT JANUARY 26, 2009 60 approved by the city and the utility company serving the location. The installations shall be completed • before the street is surfaced. (2) The following is a detailed description of public improvements required to be completed for each fmal plat: (a) Grading, drainage, wetland mitigation, and erosion control; (b) Sanitary sewer facilities; (c) Water facilities; (d) Storm sewer; (e) Streets; (f) Street and traffic signs; (g) Sidewalks and trails; (h) Street lights; and (i) Subdivision monuments. (Ord. 04 -03, passed 2 -24 -2003) § 1001.141 SUBDIVISION MONUMENTS. (1) Durable iron monuments meeting the minimum requirements of state law shall be set at all angle and curve points on the outside boundary lines of the plat and also at all block and lot corners and at all intermediate points on the block and lot lines indicating changes of direction in the lines and witness corners. (2) All federal, state, city, or other official benchmarks, monuments, or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat. (3) To ensure that all irons and monuments are correctly in place following the final grading of a plat and construction of utilities, financial security will be required as determined by the city engineer. (Ord. 04 -03, passed 2 -24 -2003) § 1001.142 REQUIRED PRIVATE IMPROVEMENTS. As part of the final plat, the following private improvements shall be required where applicable to a new subdivision: DRAFT JANUARY 26, 2009 • • • 61 (1) Where public sewer and water facilities are not available for extension into the proposed subdivision, the city may permit the use of individual water and sewer systems in accordance with city and state regulations, as may be amended; (2) Communal or shared on -site sewage and water systems may be allowed within a subdivision provided: (a) All on -site communal sewage treatment systems shall conform to the performance standards of Minnesota Pollution Control Agency's Standards for Sewage Treatment Systems, Minn Rules, Ch. 7080, as amended from time to time; (b) All subdivision proposals shall be reviewed by the city for suitability of platted lots to accommodate communal sewage treatment systems and water systems; (c) A communal sewage system shall include a community management plan that is controlled by an entity with the authority to bill system users for the costs of maintenance, management, operation, and repair of the system. The community management plan shall be subject to the review and approval of the city; (d) Subdivisions with communal sewage treatment systems shall reserve land area for a • replacement system; and • (3) Required landscaping, buffer yards, and tree preservation shall be installed and maintained in accordance with plans approved by the city. (Ord. 04 -03, passed 2 -24 -2003) § 1001.143 IMPROVEMENT FINANCING. All public improvements for new subdivisions shall be financed and secured in accordance with public improvement financing policies of Lino Lakes, as may be amended. (Ord. 04 -03, passed 2 -24 -2003) § 1001.144 UTILITY AREA AND UNIT CHARGES. The following utility area and unit charges shall be collected with any new subdivisions in accordance with the public improvement financing policy of Lino Lakes, as may be amended: (1) Trunk sewer area and unit charges; (2) Trunk water main area and unit charges; and (3) Surface water management planning (SWMP) and storm sewer trunk (SST) charges. (Ord. 04 -03, passed 2 -24 -2003) DRAFT JANUARY 26, 2009 62 § 1001.145 DEVELOPMENT AGREEMENT. (1) Prior to commencing grading, wetland mitigation, or the installation of any required improvements, the developer shall enter into a written development agreement with the city requiring the developer to furnish, construct, and complete the work grading and improvements in accordance with plans and specifications and usual agreement conditions and/or pay appropriate costs for improvements or other costs associated with the plat. Further, the agreement shall provide for the development of any restrictions, covenants, easements, signage, park or open space requirements, or other conditions of the approved preliminary plat and provide for the proper execution, recording or other action required. Further. the agreement shall require that grading and other site work shall not commence until the issuance of a permit from the Rice Creek Watershed District or the Vadnais Lake Area Water Management Organization. as applicable. Approval of the development agreement shall be by City Council resolution. (2) For a project involving a phasing plan, the At the city "s discretion. an initial development agreement shall -may be prepared to allow for grading, wetland mitigation, and installation of stormwater management facilities on the entire site included in the approved preliminary plat. The work may begin after approval of the preliminary plat but only after approval, and execution_, and recording of the development agreement and submittal of financial securities for the work. The work must comply with the approved grading plan. (3) The construction of streets, facilities for sanitary sewer and water, and other improvements beyond grading, wetland, and stormwater facilities shall not begin until approval of a final plat and shall only be installed in the area included in the approved final plat. Each Subsequent project phase shall require a separate development agreement for improvements beyond those covered in previous agreements. Improvements in each phase shall not begin until_ the final plat for that phase is approved,. and the development agreement for the phase is approved, executed, and recorded, and; financial securities for the improvements have been posted with the city. If an initial development agreement for grading. wetland mitigation, and installation of stormwater management facilities is not approved. such work shall be included in the same agreement that covers the construction of streets, sanitary sewer. water. and other improvements. (4) The initial development agreement (for grading) may address construction of streets and facilities for sanitary sewer and water for the first phase and list the financial securities and other requirements. However, the agreement shall stipulate that the work on these improvements shall not begin until approval of the final plat for the first phase land that includes those improvements and the provision of all fmancial securities by the developer. (a5) Each approved and executed development agreement shall be recorded against the property. Each agreement shall require that it is to be binding upon the developer, his, her or their heirs, personal representative, and assigns. It shall stipulate that: • • (a)-1- All improvements called for in the plat, or in any supplementary agreements, must be • complete within the time specified by the city; DRAFT JANUARY 26, 2009 • • • 63 (b)zNo private construction shall be conducted on any lots in the plat or filing of applications for nor shall any building permits be issued for the- construction on the lots; until all improvements required under the city regulations for the proposed subdivision have been made or arranged in a manner provided for in this section. The following paragraph (c) provides an exception to this prohibition. (c) A building permit for one dwelling unit for every ten gross acres that is within the subdivision may be issued to be used as a model home after approval of the final plat. The right to obtain such building penuits shall be contingent upon the following: 1. Execution of a development contract with financial securities addressing the structure. 2. Construction shall be limited to maintain a maximum distance of 150' from the furthest exterior wall to an improved gravel street as per the State Fire Code. The Developer may construct and maintain such access in order to meet said requirements. 3. Prior to release of the building permits, the builder shall enter into a separate agreement with the City which would not allow the building to be occupied after issuance of certificate of occupancy by anyone other than the builder for exhibiting the home for model purposes nor would they convey the property to any other third parties by any means until all of the public and private utilities have been installed to serve the building and accepted by the City. (b6) The development agreement shall include provisions for construction work inspection by the city and assurance that the developer will conform with current testing requirements and quality control procedures of the city. The developer shall provide documentation from a qualified testing laboratory and/or registered professional engineer that all improvements have been constructed in accordance with the requirements of the approved plans and specifications. (e7) The development agreement shall require the developer to provide a certification from a registered land surveyor or engineer that the land included in the plat has been graded in conformance with the approved grading plan prior to the issuance of building permits. (48) The development agreement shall require the developer to provide -a financial securities security to ensure payment of fees related to the subdivision and completion of all improvements. The agreement shall also require that the financial securities shall be submitted to the city prior to the commencement of the work covered by the agreement. (e9) A time schedule for completion of the work shall be determined by the city upon recommendation of the city engineer after consultation with the developer and shall be reasonable in relation to the work to be done, the seasons of the year, and proper coordination with construction activity in the subdivision. (fl 0) The development agreement shall include action remedies in the event of default, including: 4-(a) The city may complete the improvements by contract or force and obtain reimbursement of its costs from the posted security deposit; DRAFT JANUARY 26, 2009 64 27(b) The city reserves the right to withhold building permits for violation of any terms of the development agreement. (gl l) The development agreement shall require, when a plat includes an area of 100 year flood, as indicated on the flood insurance rate map of the Federal Emergency Management Agency (FEMA), an application for a letter of map amendment (LOMA) or letter of map revision (LOMR) shall be submitted to FEMA, and a copy furnished to the city, prior to the issuance of any building permits in the platted area. The development agreement may include financial security to ensure the preparation of the FEMA application. (Ord. 04 -03, passed 2 -24 -2003) § 1001.146 CONSTRUCTION PLANS. A minimum of 3 copies of the construction plans shall be furnished to the city for city engineer review and approval. Additional copies may be required by the city. Construction plans for the required improvements shall conform in all respects with all applicable ordinances and standards of the city. Construction documents shall be prepared, at the expense of the developer, by a licensed professional who is registered in the state, and the plans shall contain his or her certification. The plans, together with the quantities of construction items, shall be submitted to the city engineer for his or her approval and for his or her estimate of the total cost of the required improvements. Upon approval, they shall become a part of the development agreement. (Ord. 04 -03, passed 2 -24 -2003) § 1001.147 MAINTENANCE OF IMPROVEMENTS. The developer shall be required to maintain all improvements in the subdivision or on the individual subdivided lots and provide for snow removal and maintenance of streets, if required, until acceptance of the improvements by the City Council in coordination with the development agreement. (Ord. 04 -03, passed 2 -24 -2003) § 1001.148 FINANCIAL SECURITY. The developer shall provide financial security in accordance with to-the Lino Lakes public improvement financing policy, as amended. A development agreement shall include a description of the required securities. (Ord. 04 -03, passed 2 -24 -2003) § 1001.149 ENFORCEMENT. (1) Violations. The violation of any provision of this chapter or the violation of the conditions or provisions of any permit issued pursuant to this chapter shall be a misdemeanor, and upon conviction DRAFT JANUARY 26, 2009 • • • • 65 thereof, the violator shall be subject to fine or imprisonment or both, as set forth in Minnesota Statutes, plus, in either case, the cost of prosecution. (2) Penalties. Unless otherwise provided, each act of violation and every day on which the violation occurs or continues shall constitute a separate offense. (Ord. 04 -03, passed 2 -24 -2003) § 1001.150 APPLICATION TO CITY PERSONNEL. The failure of any officer or employee of the city to perform any official duty imposed by this chapter shall not subject the officer or employee to a penalty imposed for violation unless a penalty is specifically provided for the failure. (Ord. 04 -03, passed 2 -24 -2003) § 1001.151 INJUNCTION. In the event of a violation or the threatened violation of any provision of this chapter, or any provision or condition of a permit issued pursuant to this chapter, the city, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct, or abate the violation or threatened violation. (Ord. 04 -03, passed 2 -24 -2003) § 1001.152 SEVERABILITY AND SUPREMACY. (1) Severability. (a) Every section, provision, or part of this chapter or any permit issued pursuant to this chapter is declared separable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this chapter or any permit issued pursuant to this chapter shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision, or part thereof. (b) If any court of competent jurisdiction shall judge invalid the application of any provision of this chapter to a particular property, building, or structure, the judgment shall not affect other properties, buildings or structures. (2) Supremacy. (a) When any condition imposed by a provision of this chapter on the use of land or building or on the bulk of buildings is either more restrictive or less restrictive than similar conditions imposed by any provision of any other city ordinance or regulation, the more restrictive conditions shall prevail. (b) This chapter is not intended to abrogate any easements, restrictions, or covenants relating to the use of land within the city by private declaration or agreement, but where the provisions of this chapter DRAFT JANUARY 26, 2009 66 are more restrictive than any easement, restriction, or covenant, or the provision of any private agreement, the provisions of this. chapter shall prevail. (Ord. 04 -03, passed 2 -24 -2003) DRAFT JANUARY 26, 2009 • • • • AGENDA ITEM 6 . B. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: February 9, 2009 TOPIC: Second Reading: Ordinance Number 01 -09 Zoning Ordinance Amendment Amending the Definition of Private Kennel to match the City Code. BACKGROUND In response to concemed residents, the City Council adopted a new definition of the term Private Kennel, which allows three dogs on any property instead of the previous limit of two dogs. This definition is repeated in the Zoning Ordinance for the purposes of enforcing the requirement of a Conditional Use Permit for Commercial Kennels, and it is therefore necessary to consider an amendment to the Zoning Ordinance to match the definitions. On January 26, 2009 the City Council voted 3-0 to approve the First Reading of this Ordinance. ANALYSIS The definition of Private Kennel should reflect the following changes: KENNEL, PRIVATE. Any structure or premises on which botwccn 3 (three) and 4 (four) dogs, over six months of age, are kept for private enjoyment and not for monetary gain. PLANNING AND ZONING BOARD On January 14, 2009 the Planning and Zoning Board held a public hearing and unanimously recommended approval. RECOMMENDATION Staff is recommending adoption of Ordinance Number 01 -09, amending the Zoning Ordinance definition for Private Kennel_ Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 01-09 APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TO REVISE THE DEFINITION OF PRIVATE KENNEL TO MATCH THE CITY CODE DEFINITION. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings: 1. The City Council may from time to time amend the Zoning Ordinance as allowed by state statute and city ordinance. 2. On January 12, 2009 the City Council amended the Chapter 503 definition of Private Kennel, which thereby necessitates an update to the Zoning Ordinance definition of the same term. 3. The zoning amendment included in this Ordinance No. 01 -09 has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 4. The proposed uses will be compatible with present and future land uses in the respective zoning districts. 5. All development must conform to performance standards contained in the Zoning Ordinance and other requirements. 6. The proposed uses will be required to be accommodated with existing public services so as not to overburden the City's service capacity. 7. Traffic generation by the proposed uses will be required to be within capabilities of streets. • • • • • • Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 and subsequently amended is hereby amended as shown below. Underlined text is to be added, strikeout text is to be deleted. Text not indicated as added or deleted remains unchanged. KENNEL, PRIVATE. Any structure or premises on which bet (three) and 4 (four) dogs, over six months of age, are kept for private enjoyment and not for monetary gain. Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 9th day of February, 2009. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. sfm tub @a M- 2 -9 -zae Revised AGENDA ITEM 6Ci STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: February 9, 2009 TOPIC: Resolution No. 09 - 08, Authorizing Preparation of Plans and Specifications, 2009 Overlay Project. Vote Required: Simple Majority BACKGROUND: In accordance with the City's Pavement Management Policy, streets are selected annually for an overlay project. Overlaying is a maintenance activity that includes patching of the existing street, followed by the placement of a bituminous wearing course over the entire surface. A nationally accepted asset management software known as CarteGraph was used to analyze the current conditions of City streets and recommend segments that met overlaying requirements. Streets were selected for overlays based on pavement management criteria, input from Public Works, and feasibility of locations. The City has allocated a budget for the 2009 Overlay Project of $210,000.00, which is the same as last year. The engineering cost to be paid by the hour shall not exceed $8,700.00. The schedule for this project is as follows: City Council Authorizes Plans and Specifications City Council Approves Plans and Specifications City Council Authorizes Ad for Bids Open Bids City Council Awards Contract Construction Begins RECOMMENDATION: February 9, 2009 March 9, 2009 March 9, 2009 April, 2009 April 27, 2009 June, 2009 Staff recommends adoption of Resolution Number 09 -08 Authorizing Preparation of Plans and Specifications, 2009 Overlay Project. CITY OF LINO LAKES RESOLUTION NO. 09 -08 RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2009 OVERLAY PROJECT. WHEREAS, it is proposed to patch the existing street, and place a bituminous wearing course over the entire surface on recommended segments, and WHEREAS, it is proposed to finance the project using the 2009 budget of $210,000.00 allocated for street repair. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City Engineer is designated as the engineer for this improvement and he is directed to prepare plans and specifications for the 2009 Overlay Project and shall be paid by the hour in an amount not to exceed $8,700.00. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 9th day of February 2009. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. COUNCIL MINUTES January 26, 2009 DRAFT 91 A) Resolution No. 09 -06, Accepting 2009 Environmental Board Goals — Environmental 92 Coordinator Asleson introduced Board Vice Chairperson Barbara Bor who reviewed the 93 Environmental Board's proposed goals for 2009. 94 95 A council member commended the Board on recognizing the need to perform evaluations of 96 their past recommendations relative to development projects. That information should be shared 97 with the council also. 98 99 Council Member O'Donnell moved to approve Resolution No. 09 -06 as presented. Council 100 Member Reinert seconded the motion. Motion carried; Council Members Stoltz and Gallup were 101 absent. 102 103 B) Resolution No. 09 -07, Approving Anoka County agreement for Residential Recycling 104 Program - Environmental Coordinator Asleson explained that staff is requesting council 105 authority to execute a contract with Anoka County to continue the city's receipt of SCORE funds 106 that are used to fund solid waste recycling programs. 107 108 Council Member Reinert moved to approve Resolution No. 09 -07 as presented. Council 109 Member O'Donnell seconded the motion. Motion carried; Council Members Stoltz and Gallup 110 were absent. 111 112 C) First Reading of Ordinance No. 01 -09, amending the Zoning Ordinance . 113 definition of the term Private Kennel — City Planner Bengtson presented an ordinance to 114 update the city's zoning code to include the correct definition of a private kennel in line with the 115 council's recent action approving a change to the animal control regulations. Staff is requesting 116 first reading of this ordinance that has already been approved by the Planning and Zoning Board. 117 118 Council Member O'Donnell moved to dispense with full reading of the ordinance Council 119 Member Reinert seconded the motion. Motion carried; Council Members Stoltz and Gallup were 120 absent. 121 122 Council Member O'Donnell moved to approve the first reading of Ordinance No. 01 -09 as 123 presented. Council Member Reinert seconded the motion. A roll call vote was taken. Motion 124 carried as follows: Yeas, 3; Nays, 0; Absent, Stoltz and Gallup. 125 126 UNFINISHED BUSINESS 127 128 There was no unfinished business. 129 130 NEW BUSINESS 131 132 There was no new business. 133 134 410 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 COUNCIL MINUTES DRAFT January 26, 2009 ADJOURN There being no further business, Council Member Reinert moved to adjourn at 7:10 p.m. Council Member O'Donnell seconded the motion. Motion carried. These minutes were considered and approved at the regular City Council Meeting on February 9, 2009. Community Calendar- A Look Ahead January 27, 2009 through February 9, 2009 11 Wednesday, January 28 Monday, February 2 I& Monday, February 2 4 Thursday, February 5 cancelled 5:30 pm, Community Room 6:30 pm, Council Chambers 7:00 am, Community Room Environmental Board Council Work Session Park Board EDAC 157 Julianne Bartell, City Clerk 158 4 -49- John Bergeson, Mayor • • 1)i*hA b (A /J(. z- �i -ZVo Revised AGENDA ITEM 6Cii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: February 9, 2009 TOPIC: Resolution No. 09 — 09, Authorizing Preparation of Plans and Specifications, 2009 Sealcoat Project. Vote Required: Simple Majority BACKGROUND: In accordance with the City's Pavement Management Policy, streets are selected annually for sealcoating. Sealcoating is a maintenance activity that places a thin layer of oil and rock on the street to enhance the surface and prolong the useful life of the street. A nationally accepted asset management software known as CarteGraph was used to analyze the current condition of City streets and recommend segments that met sealcoating requirements. Streets were selected based on pavement management criteria, input from Public Works, and feasibility of locations. This year, approximately 7 miles of streets are estimated to be sealcoated. The City has allocated a budget for the 2009 Sealcoat Project of $175,000.00, which is the same as last year. The engineering cost to be paid by the hour shall not exceed $5,800.00. The schedule for this project is as follows: City Council Authorizes Plans and Specifications City Council Approves Plans and Specifications City Council Authorizes Ad for Bids Open Bids City Council Awards Contract Construction Begins RECOMMENDATION: February 9, 2009 March 9, 2009 March 9, 2009 April, 2009 April 27, 2009 June, 2009 Staff recommends adoption of Resolution Number 09 -09 Authorizing Preparation of Plans and Specifications, 2009 Sealcoat Project. CITY OF LINO LAKES RESOLUTION NO. 09 -09 RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2009 SEALCOAT PROJECT. WHEREAS, it is proposed to perform maintenance activities on several city streets, and WHEREAS, it is proposed to finance the project using the 2009 budget of $175,000.00 allocated for street repair along with Sealcoating Funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City Engineer is designated as the engineer for this improvement and he is directed to prepare plans and specifications for the 2009 Sealcoat Project and shall be paid by the hour in an amount not to exceed $5,800.00. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 9th day of February 2009. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • AGENDA ITEM 6D STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: February 9, 2009 TOPIC: Consider Resolution No. 09 -10, Authorizing Execution of MnDNR Community Conservation Assistance Grant ACTION REQUIRED: Simple Majority BACKGROUND The City of Lino Lakes has been selected as a recipient of a Community Conservation Assistance Grant from the Minnesota Department of Natural resources' (DNR) Metro Greenways Program. The purpose of the matching grant program is to assist local govemments with the integration of natural resources information and data into local development and conservation plans and policy decisions. DNR's Metro Greenways Program is especially interested in supporting local efforts that seek to address challenges associated with the conservation of remaining natural habitats in rapidly changing communities. The City has received a grant award in the amount of $25,000 to assist with the development and updating ordinances to address environmentally sensitive areas, storm water management, integrated tree preservation and landscaping requirements, planned unit development (PUD), low impact development (LID) and conservation subdivision design. Acceptance of the grant does require a matching cash /in kind contribution. The Community Development budget currently includes $30,000 for professional services to revise ordinances as part of the Comprehensive Plan update implementation. Funding for this project is from the Minnesota Environment and Natural Resources Trust Fund and the MN DNR Metro Greenways Program. The Environment and Natural Resources Trust Fund is a permanent fund established in the Minnesota Constitution and is funded through proceeds from the Minnesota State Lottery. RECOMMENDATION Staff is recommending approval of Resolution No. 09 -10. ATTACHMENTS 1. Resolution No. 09 -10 2. Mn /DNR Agreement Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09 -10 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES COMMUNITY CONSERVATION ASSISTANCE GRANT WHEREAS, the Minnesota Legislature by Minnesota Laws 2008 Chap. 367, Sec. 2, Subd. 3(a) appropriated funds to the Commissioner of the Department of Natural Resources for the purposes of planning, improving and protecting important natural areas in the metropolitan region, as defined by Minnesota Statutes, section 473.121, subdivision 2 and portions of the surrounding counties, through grants, contracted services, conservation easements, and fee acquisition; and WHEREAS, an application has been submitted to the State by the City of Lino Lakes for a portion of the funds needed to update the City's Ordinances relating to low impact and conservation development described in the application for a Community Conservation Assistance Grant; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA hereby approves the agreement with the Minnesota Department of Natural Resources for grant funds in the amount of $25,000 and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. BE IT FURTHER RESOLVED that the City agrees to expend the pledged matching cash /in -kind contribution in accordance with said agreement. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 9th day of February, 2009. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof The following voted against same: Whereupon said resolution was declared duly passed and adopted. 2 —31— • • • • AGREEMENT BETWEEN 'I'HL+' STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND The City of Lino Lakes THIS Grant Agreement, and amendments and supplements thereto, is between the State of Minnesota, acting through its Department of Natural Resources Commissioner (hereinafter "STATE ") and the City of Lino Lakes, a local government (hereinafter "GRANTEE "). Recitals WHEREAS, Under Minn. Stat. ' 84.026 the State is empowered to enter into this grant WHEREAS, the Minnesota Legislature by Minnesota Laws 2008 Chap. 367, Sec. 2, Subd. 3(a) appropriated funds to the Commissioner of the Department of Natural Resources for the purposes of planning, improving, and protecting important natural areas in the metropolitan region, as defined by Minnesota Statutes, section 473.121, subdivision 2 and portions of the surrounding counties, through grants, contracted services, conservation easements, and fee acquisition. an application has been submitted to the STATE for a portion of the funds needed to upri to the City's Ordinances relating to low impact and conservation development described in the application for a Community Conservation Assistance Grant, which nomination is incorporated into this Agreement by reference, and leWHEREAS, the GRANTEE represents that it is duly qualified and willing to perform the services set forth herein. • Grant Contract NOW, THEREFORE, it is weed: I) GRANTEE's DUTIES: The GRANTEE shall update the City's Ordinances relating to low impact and conservation development and submit a project report according to the terms specified in Attachment A. A. The GRANTEE agrees to complete the project in accordance with this Agreement and within the project period specified in the Agreement. Any material change in the scope of the project or completion date shall require prior written approval by the STATE. B. Where provisions of the GRANTEE's application are inconsistent with other provisions of this Agreement, the other provisions of this Agreement shall take precedence over the provisions of the application. II) CONSIDERATION AND TERMS OF PAYMENT: A. CONSIDERATION: Consideration for all services performed by GRANTEE pursuant to this grant Agreement shall be paid by the STATE as follows: Page 1 of 8 i. REIMBURSEMENT: Grantee shall be reimbursed an amount not to exceed $25,00 ii. TOTAL COMPENSATION: The total State obligation for reimbursements to GRANTEE shall not exceed $25,000. iii. USE OF FUNDS: Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing and accomplishing the purposes and activities specified herein. The parties agree that as a condition subsequent to this Agreement, any reduction or termination of funds allocated to the STATE may result in a like reduction to the GRANTEE. B. TERMS OF PAYMENT/DISBURSEMENT SCHEDULE: The STATE shall disburse funds to the GRANTEE pursuant to this Agreement on a reimbursement basis, based upon a payment request and required expenditure documentation submitted by the GRANTEE and reviewed and approved by the STATE. The GRANTEE shall be limited to no more then three payments during the period covered by this Agreement The GRANTEE shall submit a final billing within 30 days of the end of the project period (June 30, 2010.) C. GENERAL CONDITIONS: i. The GRANTEE acknowledges that these funds are proceeds from the State of Minnesota Environment and Natural Resources Trust Fund (hereinafter the "Trust Fund"), whilio subject to certain legal restrictions and requirements, including Minnesota Statutes Chapter 116P. The GRANTEE is responsible for compliance with this and all other relevant state and federal laws and regulations promulgated pursuant thereto governing the proceeds of the Minnesota Environment and Natural Resources Trust Fund in the fulfillment of the Project. H. All services provided by the GRANTEE pursuant to this Agreement shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its Authorized Representative, as set forth in Section VI of this agreement, and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. The GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory or performed in violation of federal, state or local law, ordinance, rule or regulation. III) EFFECTIVE DATES: This GRANTEE shall perform the activities outlined in Section 1 above during the period from 1/26/2009 or when this agreement is fully executed (whichever is later) through June 30, 2010 unless extended as provided in Minnesota session law), or until all obligations set forth in this Grant Agreement have been satisfactorily fulfilled, whichever occurs first. IV) SURVIVAL OF TERMS: The following clauses survive the expiration or cancellation of this grant contract lX). LIABILITY, X). AUDITS, XI). GOVERNMENT DATA PRACTICES ACT: XIV. PUBLICITY /ACKNOWLEDGEMENT /SIGNAGE, XVII): JURISDICTION AND VENUE,. LAND ACQUISITION AND REPORTING REQUIREMENTS, and XXII). DATA DISCLOSURE. • Page 2 of 8 • V) CANCELLATION: This Agreement may be canceled by the STATE or GRANTEE at any time, with cause, upon thirty (30) days' written notice to the other party. In the event of such a cancellation, GRANTEE shall be entitled to reimbursement for expenses incurred, for work or services satisfactorily performed to the date notification to cancel was received. The STATE may cancel this Grant Agreement immediately if the STATE finds that there has been a failure to comply with the provisions of this Grant Agreement or that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfilled. The STATE may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and require the return of all or part of the funds already disbursed. VI) AUTHORIZED REPRESENTATIVES: The STATE's Authorized Representative for the purposes of administration of this Grant Agreement is the Community Assistant Specialist (Marybeth Bloch 1200 Warner Roam St. Paul, MN 55106; 651- 259 -5835) for DNR Central Region Regional Operations. Such representative shall have final authority for acceptance of GRANTEE's services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to clause TT, paragraph B. The GRANTEE's Authorized Representative for purposes of administration of this grant is Michael Grochala, Community Development Director, City of Lino Lakes, 600 Town Center Parkway, Lino Lakes, MN 55014. The GRANTEE's Authorized Representative shall have full authority to represent GRANTEE m its fulfillment of the terms, conditions and requirements of this Grant Agreement. VII) ASSIGNMENT: GRANTEE shall neither assign nor transfer any rights or obligations under this Grant Agreement without the prior written consent of the STATE. VIII) AMENDMENTS: Any amendments to this Agreement shall require prior written approval by the STATE and the GRANTEE. Any such amendments to this Grant Agreement shall be in writing and shall be executed by the same parties who executed the original Grant Agreement or their successors in office. IX) LIABILITY: GRANTEE shall indemnify, save, and hold the STATE, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this Grant Agreement by GRANTEE or GRANTEE's agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE's failure to fulfill its obligations pursuant to this Grant Agreement. X) AUDITS: Under Minn. Stat. 16C.05, subd 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. XI) GOVERNMENT DATA PRACTICES ACT: (if applicable) The GRANTEE must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STATE in accordance with this Agreement, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of Iv innesota Statutes Section 13.08, apply to the release of the data referred to in this Article by either the GRANTEE or the STATE. Page 3 of 8 If the GRANTEE receives a request to release the data referred to in this Article, the GRANTEE mu immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the requesting party before the data is released. XII) PURCHASE OF RECYCLED AND RECYCLABLE MATERIALS: The Grantee shall use this appropriation in compliance with Minnesota Statutes Chapter 16B.121 and 16B.122 requiring the purchase of recycled, repairable, and durable materials, the purchase of uncoated paper stock, and the use of soy -based ink. The GRANTEE shall ensure that all sub - recipients comply with this requirement. XIII) PUBLICITY /ACKNOWLEDGMENT/SIGNAGE: A. Publicity. The GRANTEE and subcontractors agree to acknowledge the LCCMR and DNR Metro Greenways Program recommendations to award Environment Trust Funds to provide financial support for this project in any statement, press release, sign bid, solicitation, or other document issued describing the project Any such statement will contain the following language: Funding for this project-was from the Minnesota Environment and Natural Resources Trust Fund and the MN DNR Metro Greenways Program. Any site developed or improved by this Project shall display a sign, in a form approved by the LCCMR, stating that the site has received funding from the Minnesota Environment and N Resources Trust Fund. B. Endorsement. The GRANTEE must not claim that the STATE endorses its products or services. XIV) WORKERS' COMPENSATION: GRANTEE shall provide acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Mlnn. Stat ' 176.181, subd. 2. XV) ANTITRUST: GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Mvfmnesota. XVI) PROMPT PAYMENT TO SUBCONTRACTORS: (When applicable.) Prime contractors, not the DNR, are required to pay subcontractors pursuant to My firm. Stat ' 16A.1245. Subcontractors need to submit invoices to the prime contractor for payment. XVII) JURISDICTION AND VENUE: This Grant Agreement and executed amendments thereto, shall be governed by the laws, of the State of Minnesota. Venue for all legal proceedings arising out of this Grant Agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Mvtinnesota. Page 4 of 8 • XVIII)REPORTING REQUIREMENTS: The GRANTEE shall submit status reports to the STATE by the end of June and December of each year of this agreement and a final report at the end of the Grant period prior to receiving final reimbursement XIX) NATIVE PLANT SPECIES: Vegetation planted must be native to Minnesota and preferably of the local ecotype unless the work program approved by the commission expressly allows the planting of species that are not native to Minnesota. XX) OTHER CONDITIONS: It is a condition of acceptance of the appropriation that any agency or entity receiving the appropriation must comply with Minnesota Statutes, Chapter 116P. XXI) INSPECTIONS: The STATE's authorized representatives shall be allowed at any time to . conduct periodic site visits and inspections to ensure work progress in accordance with this Agreement, including a final inspection upon project completion. Following closure of the project, the STATE's authorized representatives shall be allowed to conduct post - completion inspections of the site to ensure that the site is being properly operated and maintained and that no conversion of use has occurred. XXII) DATA DISCLOSURE: Under Minn. Stat § 270C.65, Subd. 3, and other applicable law the GRANTEE consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the GRANTEE to file state tax returns and pay delinquent state tax liabilities, if any XXIII)O1 JiER PROVISIONS: A copy of this agreement and all incorporated elements shall be • permanently maintained on file by the GRANTEE. XXIV) STATE ENCUMBRANCE VERIFICATION a. Individual certifies that funds have been encumbered as b. Requiredinn.Stat. § 16A.15 and 16C.05. d. Date: / —/‘ 'D 9 Con • Page 5 of 8 XXV) AGREEMENT EXECUTION • IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. ORGANIZATION NAME: By: Title: Date: STATE AGENCY NAME: Department of Natural Resources By: Title: Date: • Page 6 of 8 ATTACHMENT A WORK PLAN, BUDGET AND DOCUMENTATION Grantee: City of Lino Lakes Project Name: Ordinance Revisions relating to Low Impact and Conservation Development Grant Amount $25,000 Project Description: The City's will implement city -wide a conservation design framework, through its Resource Management System Plan (commonly referred to as "green infrastructure "). To implement this new framework for development the City, through this project, will comprehensively revisit and update its ordinances to address environmentally sensitive areas, storm water management, integrated tree preservation and landscaping requirements, planned unit development (PUD), low impact development (LID), and conservation subdivision design. Project Terms and Deliverables L A map showing intended local and regional greenway corridors of open spaces and natural areas, the creation of which will preserve and enhance habitat quality and connectivity. 2. Components of the City's official controls (ordinances and/or sections of ordinances) that will implement the greenway corridor plan by requiring low impact development and other resource conservation measures. These components will include: a. A new Environmentally Sensitive Areas Ordinance that will link the City's land use regulatory authority with the water based rule - making authority of the Rice Creek Watershed District, based on the District's "Lino Lakes Resource Management Plan". b. Revised tree preservation and landscaping requirements that will coorriinatet and combine what currently are separate sections of several ordinances, provide greater levels of protection for forested areas, and promote ecologically sound stormwater management. c. Updated sections of the City's Subdivision Ordinance that will include performance standards and incentives for low impact development and conservation design. d. Updated stormwater management requirements that will support the implementation of the Resource Management Plan and the greenway corridor plan by promoting ecologically sound stormwater management e. Updated Planned Unit Development requirements section of the Zoning Ordinance, which will be the primary tool for designing more creative, environmentally sensitive developments and implementing the greenway plan. Page 7 of 8 f. Updated sections of Zoning Ordinance, such as the zoning map, zoning district requirements, and performance standards that will further support low impact development and the implementation of t greenway corridor plan. 3. A project report communicating. a. The successes and impediments encountered linking the Rice Creek Watershed Districts water based rule- making authority and the City's land use authority; b. The successes and impediments encountered in the incorporation of low impact development and conservation design strategies in other official controls; c. The city council's actions on the ordinances. (If an ordinance is not adopted, a detailed report to the DNR documenting why the ordinance was not adopted and what steps will be taken in the future to revise the proposed ordinance to work towards future-adoption.) Documentation for Reimbursement The City of Lino Lakes shall submit no more than 3 invoices to the State Representative (see section VI) to be reimbursed for the cost of completing this project by September 2010. Invoices must contain the following information: A. Itemized statement of expenses for reimbursement B. Grant Period the expenses were incurred. C. Total amount of the requested reimbursement for the invoice. D. Total amount of the grant remaining and the amount of unspent match. Documentation of Project Completion: The City of Lino T aces shall submit the a final report to DNR no later June 30, 2010 summarizing the project deliverables, including any relevant reports or studies generated through the project efforts. —39— Page 8 of 8 • • • • CITY COUNCIL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES WORK SESSION MINUTES January 5, 2009 : January 5, 2009 . 5:30 p.m. . 7:50 p.m. : Councilmember Gallup, O'Donnell, Reinert, and Mayor Bergeson : Council Member Stoltz Staffinembers present: City Administiator, Gordon Heitke; Community Development Director, Mike Grochala; Chief of Police, Dave Pecchia; City Engineer, Jim Studenski; Economic Development Coordinator, Mary Alice Divine; City Planner, Jeff Smyser, and City Clerk, Julie Bartell 1. Participation in newly forming Convention & Visitor's Bureau — Economic Development Coordinator Divine introduced Mr. Paul Erickson, Executive Director of the Minnesota Amateur Sports Commission, Barb Boyd, Director of Sales of the Hampton Inn and Suites in Lino Lakes and John Connelly, Director of Development of the National Sports Center. As an update on the city's participation in the National Sports Center facility, Mr. Erickson noted that a written report is provided to the city each year. The facility has been a great success and additional investment is occurring all the time and that increases interest and utilization of the facility. Youth sports has proven to be quite recession resistant. The council is invited to tour the facility. Ms. Divine noted that the hotel operators in Lino Lakes have expressed an interest in convention and tourism participation but the existing organization representing the northern suburbs, Visit Minneapolis North, hasn't been accessible to the Lino Lakes hotels. The concept of some area communities joining to create a new convention and tourism organization is being considered. Mr. Erickson provided a packet of information to the council that included reasons that joining a new center -north convention visitor bureau would be beneficial to the city. The new bureau would be more geared to the National Sports Center facility. They are asking that the city offer its support on the general concept so that planning can proceed, based on the finding that doing so would be in the best interest of the city's hotels. The city has statutory authority to impose a 3% lodging tax to administrate a bureau. Ms. Boyd, speaking on behalf of the Hampton Inn and the Country Inn and Suites, stated that the hotels are in support of the proposal to form a new bureau. CITY COUNCIL WORK SESSION January 5, 2009 DRAFT 45 The council concurred that it is in the best interest of the city for the hotels to do well and 46 the new bureau seems like a good idea. A resolution will be considered at the council 47 meeting on January 12, 2009. 48 49 2. Comprehensive Plan Discussion — Community Development Director Grochala 50 reported back on the items requested by council at their last work session discussion of 51 the comprehensive plan update (the Plan). 52 - It was confirmed that five -year phasing will be included in the Plan; 53 - Language can be added to the Plan to indicate that the city will perform an 54 intensive review at least once every five years to ensure the Plan addresses changing 55 needs and conditions; 56 - The concept of adjusting density of the High Density Residential Land Use 57 Districts to reflect the current range of 6 units per acre with a cap of 12 units per acre is 58 still being reviewed by staff since the proposed change would drop the city's overall net 59 density below the threshold that would most likely be needed with no flexibility from the 60 Metropolitan Council. One possibility would be to reguide land for medium and/or high 61 density areas to compensate for the reduction in the density range. 62 - A policy statement can be added to the Plan that requirements will be established 63 to provide for affordable housing in all residential land use districts. That would have to 64 be implemented by ordinance that, before passage, would be fully discussed by the 65 council. 66 - The concept of density bonuses is included in the land use policies and, at 67 council direction, would be addressed as part of the zoning ordinance update. 68 69 Staff will meet wifh the Met Council and put some numbers together for the council to 70 review. The council would like to see where there are differences and how far they run. 71 72 The next council review meeting was scheduled for January 12, 2009, following the 73 regular city council meeting that evening. 74 75 3. Advisory Board Appointments — The council reviewed the list of openings and 76 applicants. Noted was a letter from Vern Reinert withdrawing from consideration of 77 serving on the Centennial Utilities Commission since he no longer lives in the city. The 78 council decided that they will interview only for those situations where there are more 79 applicants than openings and also those individuals who are new applicants. The 80 interview process will occur on January 21, beginning at 5:00 p.m. 81 82 4. City Code Update - City Clerk Bartell responded to questions raised at the last 83 review. Regarding the Lawful Gambling Ordinance, the new attorney is in the process of 84 responding to the council's question on the viability of the proposed ordinance Staff 85 intends to provide the proposed ordinance to those organizations that currently practice 86 lawful gambling in the community when that ordinance has been reviewed. Regarding 87 the Peddler Ordinance, a new page was distributed that makes the change back to a 88 process that requires formal council approval rather than administrative, and changing the 89 allowed hours of operation to end at one -half hour after sunset. 2 —41— • • • • • • CITY COUNCIL WORK SESSION January 5, 2009 DRAFT 90 91 There were no questions raised on the green chapters being independently reviewed by 92 council members. 93 94 Chapter 216, Campaign Regulations - The city's regulations have been 95 reviewed by staff and the basic recommendation is to delete the chapter and utilize the 96 regulations set forth by state statute. A council member suggested, if that occurs, he 97 would recommend adding a direct link to the state statute. It was pointed out that the 98 local regulation does trigger initial filing at a lower amount - $25 versus $750. The 99 council requested further explanation about what reporting is triggered by that threshold. 100 101 Title 100, General Provisions — City Clerk Bartell explained that this section has been 102 reviewed by the code attorney, the former city attorney and, most recently, the city's new 103 attorney. The proposed language includes a section on administrative search warrants 104 which Chief Pecchia explained is a process that the city already utilizes to deal with 105 situations where a criminal search warrant wouldn't work but yet a warrant is needed. 106 Legally it is appropriate to have this language in the city code. 107 108 5. 2008 Council Goals — Fourth Quarter Progress Report — Staff pointed out 109 updates to the goal on Main Street improvements where the development climate is 110 slowing movements toward improvement and on Birch Street where there is a consultant 111 in place and meetings with interested groups will commence soon and a neighborhood 112 advisory committee will be formed. Staff responded on a question about the alignment of 113 Apollo Drive to 109th St by noting that Blaine is supportive of the project so staff would 114 expect to see a project within the next five years. 115 116 The Mayor noted that there is a goal related to the city charter and reminded the council 117 that if they are interested in putting anything on the ballot this year, that would have to be 118 discussed in a timely manner. 119 120 Review of January 12, 2009 Regular Council Agenda — The Council reviewed the list 121 of annual assignments and indicated the following choices: 122 - Acting Mayor — Kathi Gallup 123 - Centennial Fire Steering Committee — Kathi Gallup, Jeff Reinert 124 - Joint Law Enforcement Committee — Jeff Reinert 125 126 Staff will verify with Council Member Stoltz that he will continue with his current 127 assignments. 128 129 The Council indicated the following assignments relative to the Economic Development 130 Authority (EDA): 131 - President — Kathi Gallup 132 - Vice President - Jeff Reinert 133 - Treasurer — Dan Stoltz 134 CITY COUNCIL WORK SESSION January 5, 2009 DRAFT 135 Regarding the proposed amendment to the Animal Control Ordinance, Police Chief 136 Pecchia pointed out that a communication (distributed) was received from a resident who 137 does not support a change to allow three dogs. The Police Department will respond to the 138 communication with clarification of factual information and notification that the 139 ordinance will be considered for passage at Monday's council meeting. 140 141 The meeting was adjourned at 7:50 p.m. 142 143 These minutes were considered and approved at the regular Council meeting held on January 26, 144 2009. 145 146 147 148 149 Julianne Bartell, City Clerk John Bergeson, Mayor 150 - 4 -43- • • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES WORK SESSION MINUTES : January 26, 2009 . 5:35 p.m. . 6:30 p.m. : Council Member O'Donnell, Reinert and Mayor Bergeson : Council Member Stoltz, Gallup Staff members present: City Administrator, Gordon Heitke; Director of Community Development, Michael Grochala; Police Captain, Kent Strege; Environmental Coordinator, Marty Asleson; City Planner, Paul Bengtson; City Attorney, Joseph Langel, City Clerk, Julie Bartell REVIEW REGULAR AGENDA ITEMS The following items were discussed. Item 3A — Anneal Advisory Board Appointments — Mayor Bergeson pointed out that the council decided they would only interview incumbents reapplying for board position if there was no contest for the seat. With the Economic Development Advisory Committee (EDAC) however the council was not consistent in that there were four applicants for three seats. To be consistent, the council decided to hold off on the EDAC appointments until interviews were concluded. An interview session was scheduled at the beginning of the upcoming council work session (5:30 p.m. on February 2, 2009). Staff should schedule those interviews. Item 6A — 2009 Environmental Board Goals — Environmental Coordinator Asleson introduced Board Vice Chair Barbara Bor. Ms. Bor reviewed the proposed 2009 goals (included in entirety in Resolution No. 09 -06) and provided the council some written information relative to conservation workshops. JOHN DEHAVEN, 612 BIRCH STREET, PROPERTY SUBDIVSION Mr. DeHaven has been working with the city on a subdivision of his property and has concern about the escrow process and the charges against his escrow account He suggests that the $1,000 up front escrow charge for this type of a project is too high for the average citizen. Further the charges against that escrow by (former) city attorney Scott Baumgartner are exorbitant for the work performed. He also believes that the staff charges are too high and Anoka County reported to him that the city didn't even need to be involved in this process. Mr. DeHaven requested that the council look over the charges and see if they can be reduced. CITY COUNCIL WORK SESSION JANUARY 26, 2009 DRAFT 46 The council directed staff and the city attorney to review and respond to Mr. DeHaven's 47 concerns. Staff should verify that the city needs to be involved in the process. Also, the 48 City Administrator will look at the situation from a policy standpoint and report back on 49 that aspect also. 50 51 City Attorney Langel noted that the city has authority to establish fees for these services 52 based on the city's costs. Establishment of an escrow is allowed to ensure that the cost is 53 charged to the benefited party and not a burden to the taxpayers. Charges for services 54 may vary in other cities but he is not aware of a city that doesn't charge. In his opinion, 55 the process to address the concerns raised by Mr. DeHaven is pretty basic. The council is 56 entitled to a certain level of trust that the professionals they hire are charging 57 appropriately. 58 59 The meeting was adjourned at 7:40 p.m. 60 61 These minutes were considered, corrected and approved at the regular Council meeting held on 62 February 9, 2009. 63 64 65 Julianne Bartell, City Clerk John Bergeson, Mayor 66 2 —45— COUNCIL MINUTES 1 2 3 4 5 6 TIME STARTED 7 TIME ENDED 8 MEMBERS PRESENT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 CONSENT AGENDA MEMBERS ABSENT Staff members present: City Administrator, Gordon Heitke; City Attorney, Joseph Langel; Community Development Director, Michael Grochala; Public Safety Director, Dave Pecchia; City Planner, Paul. Bengtson; Environmental Coordinator, Marty Asleson; and City Clerk, Julie Bartell. PUBLIC COMMENT There was no one present for public comment. Recognition of Officer Tim Ross — A plaque was presented to Officer Ross by Mayor Bergeson and Police Chief Pecchia, in recognition of Mr. Ross' 30 years of service to the City of Lino Lakes. State Representative Bob Dettmer —Representative Dettmer reported on his work at the State Legislature, including his service on the K.-12 Education Finance, Higher Education Workforce, Property Tax, Rules and Veterans Affairs committees. He especially pointed out his goal to get repealed and reworked the Green Acres legislation, as well as his work on veterans affairs in • honor of the nations service men and women. State Senator Ray Vandeveer — Senator Vandeveer noted his involvement with the work to improve the aforementioned Green Acres legislation. He pointed out that the state is facing a huge budget deficit and that he understands that the city faces difficulties related to the state's unallotment of HCVA funds. He urged the city to be prepared for additional losses of that type of funding in 2009. In addition Mr. Vandeveer pointed out that he is working on a watershed reform bill that could arlclress the lack of oversight that sometimes occurs with watershed district governance and the issue of taxes being levied by the group without elected representation. SETTING THE AGENDA Item 8A was removed from the agenda and will be considered at the next regular meeting. January 26, 2009 DRAFT CITY OF LINO LAKES MINUTES REGULAR COUNCIL MEETING January 26, 2009 . 6:35 p.m. : 7:10 p.m : Council Member Reinert, O'Donnell and Mayor Bergeson : Council Member Stoltz and Gallup 43 44 Council Member O'Donnell moved to approve the Consent Agenda. Council Member Reinert 45 seconded the motion. Motion carried; Council Members Stoltz and Gallup were absent. 46 1 —46— COUNCIL MINUTES January 26, 2009 DRAFT 47 1'i 'EM 48 49 A. Consideration of Expenditures: 50 i) January 23, 2009 (Check No. 84872 through 84988), Approved 51 $450,814.57 52 53 ii) Centennial Fire District 54 (Check No. 3586 through 3598), $3,546.61; 55 (Check No. 3599 through 3606), $50,625.25) 56 57 B. Approval of January 12, 2009 City Council Meeting Minutes Approved 58 59 C. Resolution No. 09 -05, Approving an application for a Temporary 60 On -Sale Liquor License for the Lino Lakes Lions Club Prime 61 Rib Dinner at St Joseph's Church on March 7, 2009 Approved ACTION Approved 62 63 64 FINANCE DEPARTMENT REPORT, AL ROLEK 65 66 There was no report from the Finance Department. 67 68 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 69 70 3A. Annual Advisory Board Appointments - City Administrator Heitke noted that each 71 year the council appoints or reappoints citizens to serve on its advisory boards. Applicants were 72 interviewed by the council and recommendations for appointment forwarded. With the 73 Economic Development Advisory Committee (EDAC) however the council was not consistent in 74 that there were four applicants for three seats. To be consistent, the council will hold off on the 75 EDAC appointments until interviews for those positions are concluded. 76 77 Council Member Reinert moved to approve annual advisory board appointments except for the 78 EDAC appointments. Council Member O'Donnell seconded the motion. Motion carried; 79 Council Members Stoltz and Gallup were absent 80 81 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 82 83 There was no report from the Public Safety Department. 84 85 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 86 87 There was no report from the Public Services Department 88 89 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 90 2 —47— COUNCIL MINUTES January 26, 2009 DRAFT 91 A) Resolution No. 09 -06, Accepting 2009 Environmental Board Goals — Environmental 92 Coordinator Asleson introduced Board Vice Chairperson Barbara Bor who reviewed the 93 Environmental Board's proposed goals for 2009. 94 95 A council member commended the Board on recognizing the need to perform evaluations of 96 their past recommendations relative to development projects. That information should be shared 97 with the council also. 98 99 Council Member O'Donnell moved to approve Resolution No. 09 -06 as presented. Council 100 Member Reinert seconded the motion. Motion carried; Council Members Stoltz and Gallup were 101 absent. 102 103 B) Resolution No. 09 -07, Approving Anoka County agreement for Residential Recycling 104 Program - Environmental Coordinator Asleson explained that staff is requesting council 105 authority to execute a contract with Anoka County to continue the city's receipt of SCORE funds 106 that are used to fund solid waste recycling programs. 107 108 Council Member Reinert moved to approve Resolution No. 09 -07 as presented. Council 109 Member O'Donnell seconded the motion. Motion carried; Council Members Stoltz and Gallup 110 were absent 111 112 C) First Reading of Ordinance No. 01 -09, amending the Zoning Ordinance 113 definition of the term Private Kennel — City Planner Bengtson presented an ordinance to 114 update the city's zoning code to include the correct definition of a private kennel in line with the 115 council's recent action approving a change to the animal control regulations. Staff is requesting 116 first reading of this ordinance that has already been approved by the Planning and Zoning Board. 117 118 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council 119 Member Reinert seconded the motion. Motion carried; Council Members Stoltz and Gallup were 120 absent. 121 122 Council Member O'Donnell moved to approve the first reading of Ordinance No. 01 -09 as 123 presented. Council Member Reinert seconded the motion. A roll call vote was taken. Motion 124 carried as follows: Yeas, 3; Nays, 0; Absent, Stoltz and Gallup. 125 126 UNFINISAFD BUSINESS 127 128 There was no unfinished business. 129 130 NEW BUSINESS 131 132 There was no new business. 133 134 135 136 3 —48— 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 COUNCIL MINUTES DRAFT January 26, 2009 ADJOURN There being no further business, Council Member Reinert moved to adjourn at 7:10 p.m. Council Member O'Donnell seconded the motion. Motion carried. These minutes were considered and approved at the regular City Council Meeting on February 9, 2009. Community Calendar - A Look Ahead January 27, 2009 through February 9, 2009 4 Wednesday, January 28 Monday, February 2 Monday, February 2 4 Thursday, February 5 cancelled 5:30 pm, Community Room 6:30 pm, Council Chambers 7:00 am, Community Room Environmental Board Council Work Session Park Board EDAC 157 Julianne Bartell, City Clerk 158 4 —49— John Bergeson, Mayor